Aaron v. Goldstein

District Court of Appeal of Florida

Decided June 4, 1986

District Court of Appeal of Florida · decided 1986-06-04

Relies on 381 So. 2d 308 - Blue v. Weinstein · McMurray v. U-Haul Co., Inc.

Decided 1986-06-04

PER CURIAM.

¶1The petition for writ of certiorari is hereby denied.

HERSEY, C.J., and ANSTEAD, J., concur.GLICKSTEIN, J., specially concurs with opinion.GLICKSTEIN, Judge,

¶2specially concurring.

¶3I agree the petition should be denied because petitioners have failed to establish the absence of an adequate remedy by plenary appeal. Nevertheless, it is clear to me that the counterclaim, in the absence of amendment, is for malicious prosecution, not abuse of process. The difference between the two and the time to bring either are discussed in McMurray v. U-Haul Company, Inc., 425 So.2d 1208, 1209 (Fla. 4th DCA 1983). See also, Blue v. Weinstein, 381 So.2d 308 (Fla. 3d DCA 1980).