EFTA00795506.pdf

§ 47.Compensatory, generally, 24A Fla. Jur 2d False Imprisonment § 47 24A Fla. Jur 2d False Imprisonment § 47 Florida Jurisprudence, Second Edition May 2017 Update False Imprisonment and Malicious Prosecution Christine M. G. Davis, J.D.. LL.M.. and Lisa A. Zakolski. M.A., J.D. II. Malicious Prosecution D. Damages § 47. Compensatory, generally Topic Summary Correlation Table References West's Key Number Digest • West's Key Number Digest, Malicious Prosecution Om.65 to 67 A.L.Ft. Library • Attorneys' fees as element of damages in action for false imprisonment or arrest, or for malicious prosecution. 21 A.L.R.3d 1068 Trial Strategy Malicious Prosecution. 16 Am. Jur. Trials 205 § 22 Forms Florida Pleading and Practice Forms § 2126 (Order for plaintiff) An essential element of a malicious prosecution claim is that the plaintiff must suffer damages as a result of the original proceeding.' In a malicious prosecution case, the general rule is that the plaintiff may recover all damages that are the natural and probable consequence of the action complained of. The damages must be certain and proximate and not uncertain, contingent, or speculative. The plaintiff may recover for any financial loss resulting directly from the prosecution and may recover for injuries suffered in respect of his or her business} One who maliciously institutes a criminal prosecution is deemed to intend to cause an arrest, which is a normal incident of a criminal prosecution, and the actor is liable for the confinement caused by the arrest only because it is a part of the damages caused by the malicious prosecution., WESTLAW © 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 EFTA00795506 § 47.Compensatory, generally, 24A Fla. Jur 2d False Imprisonment § 47 A party bringing a malicious prosecution action is not limited to a specific amount of damages in that he or she may seek both compensatory and punitive damages:. Compensatory damages in actions for malicious prosecution, as in other types of actions, are those that arise from actual and indirect pecuniary loss, expenses, mental suffering, and bodily pain and suffering.' Practice Tip: It is necessary that legal malice be proved in order to recover compensatory damages in a malicious prosecution action., Wesdaw. C 2017 Thomson Reuters. No Claim to Orig. U.S. (ion. Works. Footnotes Durkin v. Davis, 814 So. 2d 1246 (Fla. Dist. Ct. App. 2d Dist. 2002); Hardick v. Homo!, 795 So. 2d 1107 (Fla. Dist. Ct. App. 5th Dist. 2001); Beizer v. Judge, 743 So. 2d 134 (Fla. Dist. Ct. App. 4th Dist. 1999); McCraney v. Barbed, 677 So. 2d 355 (Fla. Dist. Ct. App. 1st Dist. 1996). 2 Matter of Salmon, 128 B.R. 313 (Bankr. M.D. Fla. 1991). 3 Erp v. Carroll, 438 So. 2d 31 (Fla. Dist. Ct. App. 5th Dist. 1983). 4 Law Offices of Harold Silver, P.A. v. Farmers Bank & Trust Co. of Kentucky, 498 So. 2d 984 (Fla. Dist. Ct. App. 1st Dist. 1986). As to punitive damages in malicious prosecution suits, see § 48. S. H. Kress & Co. v. Powell, 132 Fla. 471, 180 So. 757 (1938). For a general discussion of compensatory damages in tort actions, see Ma. Jur. 2d, Damages §§ 1 et seq. 6 Winn-Dixie Stores, Inc. v. Gazelle, 523 So. 2d 648 (Fla. Dist. Ct. App. 1st Dist. 1988). End of Document C 2017 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW © 2017 Thomson Reuters. No claim to original U.S. Government Works. 2 EFTA00795507