Freedman v. Crabro Motors, Inc.
| Decision Date | 06 June 1967 |
| Docket Number | No. 66--765,66--765 |
| Citation | 199 So.2d 745 |
| Parties | Jerrold FREEDMAN, Appellant, v. CRABRO MOTORS, INC., a Florida corporation, and J. F. Furlong, Appellees. |
| Court | Florida District Court of Appeals |
Mark Silverstein, Harry Arthur Greenberg and Norman K. Schwarz, Miami Beach, for appellant.
Taylor, Brion, Buker, Hames & Greene, Miami, for appellees.
Before HENDRY, C.J., and PEARSON and CHARLES CARROLL, JJ.
This appeal is by the plaintiff below from an adverse judgment predicated upon a directed verdict at the close of the evidence, in an action for malicious prosecution.
The plaintiff purchased an automobile from the defendant automobile dealer, Crabro Motors, Inc. In making the purchase the plaintiff signed his wife's name to a retail installment contract calling for deferred payments aggregating $248.43. Upon a default the dealer corporation, through its agent the defendant A. F. Furlong, made an affidavit charging the plaintiff Jerrold Freedman with having defrauded the dealer of the above amount by forging his wife's name on the contract. Freedman was arrested on a warrant issued upon that affidavit. When the matter came on for preliminary hearing before a magistrate the complaining witness failed to appear and the accused was discharged. Thereafter Freedman filed this action for malicious prosecution against the dealer corporation and Furlong.
The appellant challenges the propriety, on the record, of the direction of a verdict for the defendants. We find no error, and affirm.
One of the elements essential to the maintenance of such an action is that there shall have been a bona fide termination of the criminal proceeding in favor of the accused. Tatum Brothers Real Estate & Investment Co. v. Watson, 92 Fla. 278, 190 So. 632, 636; Community National Bank of Bal Harbour v. Burt, Fla.App.1966, 183 So.2d 731, 733.
The plaintiff can not rely on the termination of the criminal proceeding in this instance, because the failure of the complaining witness to appear and prosecute, which resulted in the dismissal of the charge against the accused, was not bona fide in that it was bargained for and obtained by the accused on his promise of payment or 'restitution.' Williams v. Confidential Credit Corporation, Fla.App.1959, 114 So.2d 718, 720; Hargadine v. Sharkey, 1956, 8 Ill.App.2d 209, 131 N.E.2d 134, 142; Lloyd v. Almeda State Bank, Tex.Civ.App.1961, 346 S.W.2d 947, 951; 54 C.J.S. Malicious Prosecution § 58; Anno...
To continue reading
Request your trial
-
In re Std. Jury Instructions in Civil Cases -- Report No. 09-01
...issue will be necessary. See Shidlowsky v. National Car Rental Systems, Inc., 344 So.2d 903 (Fla. 3d DCA 1977); Freedman v. Crabro Motors, Inc., 199 So.2d 745 (Fla. 3d DCA 1967).406.9 BURDEN OF PROOF ON CLAIM If the greater weight of the evidence does not support (claimant's) claim, your ve......
-
Union Oil of California Amsco Div. v. Watson
...that the termination was not bargained for or obtained by the accused upon a promise of payment or restitution. Freedman v. Crabro Motors, Inc., 199 So.2d 745 (Fla. 3d DCA 1967).4 A dismissal of an earlier criminal prosecution on technical grounds includes those taken because of defects in ......
-
Gatto v. Publix Supermarket, Inc.
...requiring new process or other official action to commence a new prosecution."). The defendants' reliance on Freedman v. Crabro Motors, Inc., 199 So.2d 745 (Fla. 3d DCA 1967), is misplaced. Freedman merely sets forth the rule that the termination must be bona fide, that is, not bargained fo......
- Bergh v. Canadian Universal Ins. Co.