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Florida Torts
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-22 Florida Torts 22.syn


Malicious Prosecution and Abuse of Process


Janet C. Graham

Chapter Summary


This chapter provides a thorough discussion of the torts of malicious prosecution and abuse of process.

The chapter first covers the general nature of the torts of malicious prosecution and abuse of process, clarifying how they differ from the torts of false imprisonment and defamation. The chapter then goes on to examine the various elements required to establish a cause of action for malicious prosecution or abuse of process. Next, the discussion turns to special considerations relating to defenses for such actions. The chapter goes on to cover damages that may result from an action for malicious prosecution, including compensatory damages and punitive damages. The chapter also explains the various potential parties to actions for malicious prosecution or abuse of process actions.

Florida Torts provides a comprehensive review and analysis of virtually every theory of liability recognized under Florida tort law. It includes excellent step-by-step guidance through major types of personal injury cases in Florida, and covers each phase of a personal injury case, from initial investigation through discovery, and through post-trial motions, settlement and insurance. Each chapter covers parties involved, where incident occurred, instrumentalities, and types of occurrences. Florida Torts also includes helpful checklists, sample forms and research guides.


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For a discussion of liability for false imprisonment, see Ch. 21, False Imprisonment and False Arrest.

For a discussion of defamation, see Ch. 25, Defamation.

For a discussion of the torts of assault and battery, see Ch. 20, Assault and Battery.

For a discussion of the damages available for intentional torts, see Ch. 110, Damages, Interest, Costs, and Attorney's Fees; Ch. 111, Pain and Suffering; Ch. 112, Economic Loss; Ch. 113, Punitive Damages, Ch. 114, Loss of Consortium; Ch. 115, Death and Survival Actions; Ch. 116, Injunctive Relief; and Ch. 117, Taxation of Tort Damages.

For a discussion of public entities and public employees, see Ch. 80, Liabilities of Public Entities and Employees; and Ch. 81, Procedures for Actions Against Public Entities.

For a discussion of issues relating to insurance coverage for intentional acts, see Ch. 150, Formation of the Insurance Contract; Ch. 151, Actions on the Insurance Contract; Ch. 152, Bad Faith Insurance Actions; Ch. 153, Liability Insurance; and Ch. 154, Uninsured Motor Vehicle Coverage.


See Florida Civil Procedure (Matthew Bender) for practical yet comprehensive analysis of the entire spectrum of civil procedure in Florida.

See LexisNexis Practice Guide Florida Personal Injury (Matthew Bender) for essential guidance on building a strong personal injury defense, including judicial commentary, practice tips from top litigators, as well as step-by-step checklists and sample forms.

See Personal Injury: Actions, Defenses, Damages (Matthew Bender) for encyclopedic treatment of the personal injury law of every American jurisdiction, along with forms for bringing and defending the suit, compiled from the actual files of eminent practitioners.

See Damages in Tort Actions (Matthew Bender) for in-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases.
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