Malicious Prosecution – Negligence – Legal Duty of Care

Ted Mortell obtained a summary judgment in favor of a realtor who was sued for malicious prosecution. The summary judgment was affirmed by the 4th DCA. Additionally, the trial court awarded attorney fees and costs pursuant to a proposal for settlement filed by Mr. Mortell. The 4th DCA recently upheld the recovery of attorney fees and costs for $90,000. Unfortunately for the Plaintiff, he will have to pay out in excess of $100,000 for attorney fees and costs as a result of bringing this action.