The case involves a conflict between the Fourth District's decision in Fischer v. Debrincat and the Third District's decision in Wolfe v. Foreman regarding the application of the litigation privilege to malicious prosecution claims. The Fourth District reversed a trial court's summary judgment that applied the litigation privilege to bar a malicious prosecution claim, arguing that the privilege should not apply when the elements of malicious prosecution are satisfied. The Third District in Wolfe held that the litigation privilege applies to all causes of action, including malicious prosecution, when based solely on the filing of a lawsuit. The petitioners seek to quash the Fourth District's decision and approve the Third District's application of the privilege.
documents/EFTA01138929.pdf
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