HomeMy WebLinkAbout0055 and Sullivan cross-appeals.
Appellants contend the proof was insufficient to
establish the elements~of a malicious prosecution action. They
argue that Sullivan was required to prove that appellants
lacked probable cause for commencing the malpractice action
and failed to do sc. Agreeing with this contention, we reverse
and find it unnecessary to address Sullivan's cross-appeal.
The Florida Constitution provides:
§21 Access to Courts - The courts shall be
open to every person for redress of any in-
jury, and justice shall be ad_~:?i.nistered
without sale, denial or delay.
Art. I, §21, Fla. Const.
Our concept of justice an3 the system which we have created ~
for its administration necessarily. dictates a public policy
which encourages the settlement of »rivate disputes through
access to the courts. Such access, however, is not without
limitation. [Then the court is used to aromote an unjustifia-
ble cause, an injustice is perpetrated upon one's adversary
whose only recourse is, again, in court through the tort of
malicious prosecution. Thus, one who maliciously sues another
-
~ without probable cause is subjected to answering for his own
i
I wrong. ?
A lawyer must represent his client zealously within
~ t:~e bounds of the la~v and professional ethics. AS an a~3vocate
he must accept the facts as he finds them and render his a3vice
consistent with those facts and his knowledge of the law. He
is therefore charged with *_aaking a reasonable investigation in
deterr.~ining the facts before initiating a suit on his client's
behalf. If he then has a reasonable,. honest belief that his
client has a tenable claim, he enjoys the same freedom of access
g~g~ 6
~i Z
to the court as does his client. Any more stringent standard
would effectively stifle the peaceful resolution of disputes and
dent the very justice the courts are intended to administer.
It is well settled in Florida that an action for
malicious prosecution lies where there is a concurrence of the
following elements: (1) the commencement or continuation of
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