Does anyone here really know the elements of a malicious prosecution?

[topbodz]

Jurisdiction

Florida

My complaint was dismissed because the defense atty claimed that the termination of the underlying suit was not a bona fide termination in my favor simply because there was a NDA agreement. I believe that is incorrect and want to appeal. But first, I need to know for a fact that the NDA did not affect my termination negatively.

Follow the link below for a quick account of the details.

Bad Business Alerts - What Now?

 

[Zigner]

If you'd like to appeal, you should speak to an attorney.

 

[zddoodah]

Does anyone here really know the elements of a malicious prosecution?

Yes. "In order to prevail in a malicious prosecution action, a plaintiff must establish that: (1) an original criminal or civil judicial proceeding against the present plaintiff was commenced or continued; (2) the present defendant was the legal cause of the original proceeding against the present plaintiff as the defendant in the original proceeding; (3) the termination of the original proceeding constituted a bona fide termination of that proceeding in favor of the present plaintiff; (4) there was an absence of probable cause for the original proceeding; (5) there was malice on the part of the present defendant; and (6) the plaintiff suffered damage as a result of the original proceeding." Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352, 1355 (Fla. 1994).

My complaint was dismissed

A complaint for malicious prosecution, I assume. What was the procedure that led to the dismissal.

the defense atty claimed that the termination of the underlying suit was not a bona fide termination in my favor simply because there was a NDA agreement.

The defense attorney claimed...and the court agreed? What was the underlying suit about? Who were the parties? What does the existence of an NDA have to do with the termination of the underlying suit "not [being] a bona fide termination in [your] favor"?

I believe that is incorrect and want to appeal. But first, I need to know for a fact that the NDA did not affect my termination negatively.

Whether the court that dismissed your lawsuit was or wasn't correct is a matter of law, not a matter of fact. One would need to review the court's order dismissing the case, along with whatever briefing led to the dismissal.

 

[topbodz]

the whatnow link gives most details. I have the lawyer's motion to dismiss and my lawyer's response. but it's a very long read. I can send you the NDA and the dismissal of the underlying injunction.
but, first follow the link in the post for most details. thanks

 

[topbodz]

If you'd like to appeal, you should speak to an attorney.

I plan on that, but appeals are expensive, I need to know more about my chances of winning first

 

[Zigner]

I plan on that, but appeals are expensive, I need to know more about my chances of winning first

Random, uninvolved, ignorant folks on the internet are NOT the right people to be asking. An attorney would be a much better choice to be having this discussion with.

 

[Tax Counsel]

I plan on that, but appeals are expensive, I need to know more about my chances of winning first

The problem is that the only way to know if you have a viable claim and what prospects you have to win is to meet with an attorney and lay out all the facts. There's no way to even make a decent guess without looking at the details. One detail could make a significant difference. If you have something to pursue you'd first have to work out whether you do that by appeal, reopening the case you already have, or filing a new action in the trial court. Again the details of the lawsuit you had on this are very important to figuring out the next step. Try contacting a couple of attorneys to discuss the case with. You may be able to find attorneys who will do that initial consultation for no fee.

 

[welkin]

Random, uninvolved, ignorant folks on the internet are NOT the right people to be asking. An attorney would be a much better choice to be having this discussion with.

I beg your pardon. I don't think I would be considered ignorant, and I post on subjects that are within my knowledge base. If I have no knowledge, experience, or opinion, I don't post.

How about admin posts a splash page that comes up when someone wants to post a question that says:

We are not here to help you understand the law, nor are we here to help you understand your situation or give you legal advice. Get a lawyer and stop wasting our time.

So, what are we doing here?

 

[Tax Counsel]

I beg your pardon. I don't think I would be considered ignorant, and I post on subjects that are within my knowledge base. If I have no knowledge, experience, or opinion, I don't post.

How about admin posts a splash page that comes up when someone wants to post a question that says:



So, what are we doing here?

Whatever else we are doing here, the one thing we are prohibited by law doing here is dispensing legal advice, except for those who are attorneys licensed in the state in which the OP resides or has the legal issue. The point that no one should take anything said on these boards as legal advice is one that probably should be made more prominient than it is. The prohibition against giving legal advice is something those posting here need to remember as well. General information, providing your own personal experiences with an issue, etc are all fine. But we expose ourselves to potential legal consquences and do a disservice to the people asking questions when we cross the line into providing legal advice.

 

[Zigner]

I beg your pardon. I don't think I would be considered ignorant...

Unless you know the facts of the OP's matter, you are just as ignorant as the rest of us.

 

[Michael Wechsler]

Sorry to hear about the OP's matter. It's a truly terrible ordeal and it could certainly be the unfortunate reward for having a good heart. Not to pile on, but it's difficult to even understand the basic facts based on what I read and, without that understanding, it's equally difficult to merely provide a useful opinion without even venturing into the area of legal advice.

Terminology is difficult to comprehend. Termination of what - the injunction as a result of the dismissal? I assume the assertion attempted to be made is that the dismissal of the injunction was the result of a finding of insufficient evidence to support it, e.g., false or unsubstantiated testimony being provided, etc. Without seeing any of the documents, the arguments and the evidence, we aren't even within the vicinity of being able to provide more. The attorney does and is clearly in the very best position to provide useful feedback, information and advice.

 

[topbodz]

The problem is that the only way to know if you have a viable claim and what prospects you have to win is to meet with an attorney and lay out all the facts. There's no way to even make a decent guess without looking at the details. One detail could make a significant difference. If you have something to pursue you'd first have to work out whether you do that by appeal, reopening the case you already have, or filing a new action in the trial court. Again the details of the lawsuit you had on this are very important to figuring out the next step. Try contacting a couple of attorneys to discuss the case with. You may be able to find attorneys who will do that initial consultation for no fee.

there is a link in my post that gives details. Maybe you didn't look at it. Trying to find a lawyer for malicious prosecution is very difficult. Most don't want to deal with it.

 

[topbodz]

there is a link in my post that gives details. Maybe you didn't look at it. Trying to find a lawyer for malicious prosecution is very difficult. Most don't want to deal with it.

 

[topbodz]

Unless you know the facts of the OP's matter, you are just as ignorant as the rest of us.

The facts are in the link that I provided in the post. It is very clear as to what happened, and that defense is trying to beat the case with just that one element of the NDA agreement. I'm not looking for legal advice, I'd just like to have an idea as to how the law works as it relates to that 1 element. Please follow the link in the post to get the details.

 

[topbodz]

Sorry to hear about the OP's matter. It's a truly terrible ordeal and it could certainly be the unfortunate reward for having a good heart. Not to pile on, but it's difficult to even understand the basic facts based on what I read and, without that understanding, it's equally difficult to merely provide a useful opinion without even venturing into the area of legal advice.

Terminology is difficult to comprehend. Termination of what - the injunction as a result of the dismissal? I assume the assertion attempted to be made is that the dismissal of the injunction was the result of a finding of insufficient evidence to support it, e.g., false or unsubstantiated testimony being provided, etc. Without seeing any of the documents, the arguments and the evidence, we aren't even within the vicinity of being able to provide more. The attorney does and is clearly in the very best position to provide useful feedback, information and advice.

Thank you for taking the time to look at the details that I have. I understand the lack of the added documents, as such I will add the dismissal and the NDA agreement. I have read a few cases where there was an agreement that did not negate the nature of the bona fide termination. The whole argument seems to be about the bargaining of the agreement. And that's the part that I'm having to understand well. I should have the details revised by the end of the day.

 

[Zigner]

there is a link in my post that gives details. Maybe you didn't look at it. Trying to find a lawyer for malicious prosecution is very difficult. Most don't want to deal with it.

I'm not going to click on random links. If you can't lay out the facts of the matter here, then look elsewhere.

 

[Michael Wechsler]

there is a link in my post that gives details. Maybe you didn't look at it. Trying to find a lawyer for malicious prosecution is very difficult. Most don't want to deal with it.

There aren't sufficient details to address the main issue, which may be why attorneys who have seen this might not want to handle a potential case. A non-disclosure agreement typically means that the parties agree not to publicly discuss a matter and that details are kept private. It doesn't mean that one party admitted fault unless it says so in the agreement. I'm skeptical that it would include such a tacit admission. As such, you just have an agreement that the parties agree not to talk.

So what compelling and conclusive evidence do you have of malicious prosecution? I'm not saying this wasn't the case - it certainly could have been and you have my sympathies. My question relates to the documents you say contains what you say it does.

 

[topbodz]

There aren't sufficient details to address the main issue, which may be why attorneys who have seen this might not want to handle a potential case. A non-disclosure agreement typically means that the parties agree not to publicly discuss a matter and that details are kept private. It doesn't mean that one party admitted fault unless it says so in the agreement. I'm skeptical that it would include such a tacit admission. As such, you just have an agreement that the parties agree not to talk.

So what compelling and conclusive evidence do you have of malicious prosecution? I'm not saying this wasn't the case - it certainly could have been and you have my sympathies. My question relates to the documents you say contains what you say it does.

I have included new documents (the NDA agreement) in the link to more details. The link is to my consumer advocate website, (Badbusinessreport.com) it's safe to go there

 

[adjusterjack]

My curiosity got the better of me and I read the material at your link.

My opinion for the two cents that it's worth: Give it up and get on with your life.

You have nothing to appeal. The purpose of an appeal is to get a judge's decision reversed because the judge made errors in applying the law or interpreting the facts. None of that happened.

You reached an agreement with the other parties. The agreement apparently had terms in it that you wanted along with terms that the other party wanted and the injunction was dismissed. That's a binding settlement. You each got something out of it without any admission of culpability. The judge did nothing wrong, only documented the agreement.

Your lawsuit for malicious prosecution didn't survive because the binding agreement eliminated any allegation of malicious prosecution.

You'll only be wasting your money by moving forward with an appeal.

 

[Tax Counsel]

The purpose of an appeal is to get a judge's decision reversed because the judge made errors in applying the law or interpreting the facts. None of that happened.

It's very rare for an appeals court to overturn a trial verdict, whether the verdict was delivered by a jury or judge, on the basis that the appeals court judges think the judge or jury got the facts wrong. The jury or trial judge are considered to be in the best position to determine the facts because they heard and saw the evidence presented. That's not something the appeals can do. As a result nearly all appeals are based on errors of law or procedure by the judge rather than deciding the trial court got the facts wrong.