961 So. 2d 356 - Olson v. Johnson’s Empirical Analysis
2007
Citation profile
1 federal appellate · 8 state decisions
Relationships
Relies on 760 So. 2d 126 - Volusia County v. Aberdeen at Ormond Beach · 837 So. 2d 366 - Reed v. State · Alamo Rent-A-Car, Inc. v. Mancusi · 598 So. 2d 65 - Fridovich v. Fridovich · Githens v. BON SECOURS-MARIA MANOR
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) an original criminal or civil judicial proceeding against the present plaintiff was commenced or continued; (2) the present defendant was the legal cause of the original proceeding against the present plaintiff as the defendant in the original proceeding; (3) the termination of the original proceeding constituted a bona fide termination of that proceeding in favor of the present plaintiff; (4) there was an absence of probable cause for the original proceeding; (5) there was malice on the part of the present defendant; and (6) the plaintiff suffered damage as a result of the original proceeding.”
2 later decisions quote this exact passage“In relying on Fridovich , Johnson confuses the law of defamation — with which Fridovich deals — with the law of malicious prosecution — which is at issue in the instant case.... There is no equivalent privilege available to a complaining witness ... who is named as a defendant in a malicious prosecution action. Such a defendant must defend against a malicious prosecution claim by disputing an element or elements of the cause of action alleged or by raising an applicable affirmative defense.”
1 later decision quote this exact passage“In an action for malicious prosecution, it is not necessary for a plaintiff to prove actual malice; legal malice is sufficient and may be inferred from, among other things, a lack of probable cause, gross negligence, or great indifference to persons, property, or the rights of others.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.