Liu v. Mandina
| Decision Date | 25 March 1981 |
| Docket Number | No. 80-1255,80-1255 |
| Citation | 396 So.2d 1155 |
| Parties | Nan LIU, Appellant, v. Philip J. MANDINA, Appellee. |
| Court | Florida District Court of Appeals |
Jerome F. Pollock, Hollywood, for appellant.
Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy, Miami, for appellee.
This is an appeal from a summary judgment in favor of the defendant on a complaint for malicious prosecution.
One of the six essential elements of malicious prosecution is the bona fide termination of a criminal procedure in plaintiff's favor. Coleman v. Collins, 384 So.2d 229 (Fla. 5th DCA 1980).
Where the nolle prosequi is obtained by the accused upon a promise of restitution, it is not a bona fide termination in plaintiff's favor. Gatto v. Publix Supermarket, Inc., 387 So.2d 377 (Fla. 3rd DCA 1980).
In this case it appears that there is still a genuine issue whether the nolle prosequi had been obtained as a result of a promise to pay. Assistant State Attorney Forman and Attorney Stone differ. It is defendant's burden to establish that the decision to nolle prosequi was based solely on restitution.
There being a genuine issue of a material fact, we reverse.
REVERSED.
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Alamo Rent-A-Car, Inc. v. Mancusi
...establish that the decision to nolle prosequi was based solely on restitution." Mancusi, 599 So.2d at 1012 (quoting Liu v. Mandina, 396 So.2d 1155, 1156 (Fla. 4th DCA 1981)) (emphasis added). The district court also stated that the jury should have been allowed to review the evidence regard......
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Alamo Rent-A-Car, Inc. v. Mancusi, RENT-A-CA
...innocence of the accused. Union Oil v. Watson, 468 So.2d 349, 353 (Fla. 3d DCA 1985) (citations omitted). Further, in Lui v. Mandina, 396 So.2d 1155 (Fla. 4th DCA 1981), this court held that "[i]t is defendant's burden to establish that the decision to nolle prosequi was based solely on res......