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What are the elements needed to prove a frivolous lawsuit case? Malicious prosecution,abuse of process,etc.

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MioProton

Active Member
What is the name of your state? FL

What are the elements needed to prove a frivolous lawsuit case? Malicious prosecution, abuse of process, etc?

I have a con-artist who had prior injuries who tried to fake a slip and fall, and I had an ambulance chasing attorney who fabricated things that were not true and even lied to the judge about the law.

His original personal injury attorney had enough sense to know it was absolute no case and refused to take it any further than a demand latter. He then got the most dishonest ambulance chasing attorney in the state of Florida, who gladly would fabricate a story which completely contradicted the first attorney's store.

He also abused the legal process to waste everyone time in endless depositions with people that knew nothing about the case and asking for a list of disgruntled ex-employees, harassing other customers, asking pointless questions design to embarrass and waste time. The law does not support this lawsuit, yet somehow it was dragged out for years and years without countless hours of deposition. I think he exceeded the number of people you were legally allowed to deposition in Florida. Also, it was not like he was finding out anything revolutionary, everyone just told him they don't know what he was talking about and not a single person could confirm anything they claimed. Some people were so detached from the situation they did not even remember the property in question.

Even when it was clear the whole thing was made up and the lie was caught, and he was found to lie about the law to say and even misquoted it and cutting off the piece that said he could not do that. He still said he needed to deposition more people. Some of his first questions were asking for more names of people to deposition.

Finally, this dismissed on summary judgment. Complaints to the bar association basically do nothing, right?

I would like to know if the law supports going after the ambulance chasing attorney and the professional slip-and-fall shake down artist for all the trouble they caused.

How much chicanery is acceptable as lawyers being lawyers, and where does it cross the line into something that is actionable in the form of a lawsuit for frivolous lawsuit, malicious prosecution and abuse of process, etc.?

Thanks.
 


adjusterjack

Senior Member
What are the elements needed to prove a frivolous lawsuit case? Malicious prosecution, abuse of process, etc?
You found this site by googling.

You should have been able to find all these resources by googling your question.

florida proving frivolous lawsuit at DuckDuckGo

I have a con-artist who had prior injuries who tried to fake a slip and fall
I'm curious.

Slip and fall where?

You mention property.

Did you have liability insurance that paid for the defense or did you pay for it yourself?
 

zddoodah

Active Member
What are the elements needed to prove a frivolous lawsuit case?
That's not a precise term. Generally speaking, a lawsuit is "frivolous" if it is filed solely for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation, or the claims advanced are not warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law or the factual contentions lack evidentiary support.


Malicious prosecution, abuse of process, etc?
For malicious prosecution: (1) the underlying lawsuit lacked probable cause; (2) the underlying lawsuit was filed with malice; and (3) the plaintiff in the malicious prosecution lawsuit was damaged as a result of the filing of the underlying lawsuit.

Abuse of process is the willful and intentional misuse of the legal process for a wrongful or unlawful purpose.

You can get both of these definitions and much more info by googling "elements of [malicious prosecution/abuse of process] florida."


I have a con-artist who had prior injuries who tried to fake a slip and fall
What do you mean when you say you "have" this person? Also, it sounds like he actually did "fake a slip and fall," not just try. Right?


Finally, this dismissed on summary judgment. Complaints to the bar association basically do nothing, right?
Every complaint stands on its own merits.


I would like to know if the law supports going after the ambulance chasing attorney and the professional slip-and-fall shake down artist for all the trouble they caused.
One would need to review, in an objective manner, all of the papers filed in the case and all the evidence available to the plaintiff and his attorneys. Have you discussed this with the attorney who defended you in the underlying lawsuit? If not, you should, and make sure you discuss the impact of Florida's anti-SLAPP law (google it) on malicious prosecution suits.


How much chicanery is acceptable as lawyers being lawyers, and where does it cross the line into something that is actionable in the form of a lawsuit for frivolous lawsuit, malicious prosecution and abuse of process, etc.?
14 units of chicanery is the maximum acceptable amount.

/s

This isn't a question that can be answered in the abstract.
 

quincy

Senior Member
Finally, this dismissed on summary judgment. …
How long ago did the judge grant summary judgment? What was the reason given?

There is a difference, by the way, between summary judgment and dismissal of an action.

Dismissal: https://casetext.com/rule/florida-court-rules/florida-rules-of-civil-procedure/rules/rule-1420-dismissal-of-actions

Summary judgment: https://casetext.com/rule/florida-court-rules/florida-rules-of-civil-procedure/rules/rule-1510-summary-judgment

I agree with Zigner’s first response. You will want the assistance of your current attorney (or hire another attorney) to advise you on where you go from here.
 

adjusterjack

Senior Member
Lastly, that the plaintiff lost does not necessarily mean that the plaintiff did not have legitimate allegations.
 

Taxing Matters

Overtaxed Member
The fact that the case was resolved on summary judgment and not simply dismissed outright suggests that the judge did not find the claim to be frivolous. It instead indicates that the complaint at least stated a valid cause of action and had at least some fact in its favor to support it. The plaintiff's claim may be been extremely weak, but even plaintiffs starting with a weak claim are allowed to pursue it and seek discovery in an effort to uncover further evidence to support their claim. Typically if you believe a claim to be frivolous you file a motion during that case for dismissal on that basis rather than filing a new action after that case is over. Whether you have any good claim to bring against the opposing attorney now is something you need to discuss with an attorney you choose. You may be able to get a free initial consultation and that will tell you a lot more about how the law works in your state given the facts of the case than anything anyone here is able to provide you.
 

MioProton

Active Member
Just to head this off at the pass:
If you want to successfully sue an attorney, you're probably going to need an attorney and not an internet forum. Best of luck to you.
Is there a type of attorney who sues other attorneys or just a general litigation attorney?
 

MioProton

Active Member
You found this site by googling.

You should have been able to find all these resources by googling your question.

florida proving frivolous lawsuit at DuckDuckGo



I'm curious.

Slip and fall where?

You mention property.

Did you have liability insurance that paid for the defense or did you pay for it yourself?
In the parking lot behind their own car during a rainstorm in a pool of water while wearing shoes with no treads(beach style shoes) Not a single eye witness, just the person own claim. Runs in the store to proclaim a fall took place outside in the rain and that they will be hearing from his lawyer.

Insurance paid for the defense. Uncovered sort of a history of suing everyone, getting into fights then claiming injuries. Car accident then claiming injuries suing everyone they can. I would not be surprised if he just moved to a new city and state to find a new target. The move seem to be consistent with the change in Florida law making it more difficult to do these type of lawsuits. Might be a coincidence.

First attorney very aggressive demand letter but when evidence came to light, realized there was no case and dropped it. Second attorney like 10X worse then the first attorney, goes right for the throat. Does not even try to negotiate, just instantly filed a lawsuit and make up a bunch of stuff never disclosed by the first attorney.

I don't know who is more at fault, the slip and fall artist who was looking for a payday on prior injuries or that second attorney who abused his knowledge of the legal system to make everyone's life a living hell over a case that should have never been filed to begin with.

Perhaps that attorney who is suppose to be a officer of the court and have a ethical responsibility may be more at fault.
 

quincy

Senior Member
Is there a type of attorney who sues other attorneys or just a general litigation attorney?
In the parking lot behind their own car during a rainstorm in a pool of water while wearing shoes with no treads(beach style shoes) Not a single eye witness, just the person own claim. Runs in the store to proclaim a fall took place outside in the rain and that they will be hearing from his lawyer.

Insurance paid for the defense. Uncovered sort of a history of suing everyone, getting into fights then claiming injuries. Car accident then claiming injuries suing everyone they can. I would not be surprised if he just moved to a new city and state to find a new target. The move seem to be consistent with the change in Florida law making it more difficult to do these type of lawsuits. Might be a coincidence.

First attorney very aggressive demand letter but when evidence came to light, realized there was no case and dropped it. Second attorney like 10X worse then the first attorney, goes right for the throat. Does not even try to negotiate, just instantly filed a lawsuit and make up a bunch of stuff never disclosed by the first attorney.

I don't know who is more at fault, the slip and fall artist who was looking for a payday on prior injuries or that second attorney who abused his knowledge of the legal system to make everyone's life a living hell over a case that should have never been filed to begin with.

Perhaps that attorney who is suppose to be a officer of the court and have a ethical responsibility may be more at fault.
There are attorneys who specifically handle attorney malpractice cases. You can consult with one of those. Search your area for “legal malpractice attorneys.”

You could find that a malpractice claim would be a struggle to support. Summary judgment is different than a dismissal of the suit. What reason did the judge provide for granting summary judgment? This should be an on-the-record statement by the judge.
 

Taxing Matters

Overtaxed Member
There are attorneys who specifically handle attorney malpractice cases. You can consult with one of those. Search your area for “legal malpractice attorneys.”
There is no legal malpractice action for the OP in this instance. Legal malpractice is a negligence claim by a client against his/her lawyer for failing to meet the minimum standards of practice in representing that client. The OP was not represented by that attorney; the attorney represented the opposing party. The OP might have some kind of claim to bring against the attorney (though the facts don't clearly indicate any to me), but malpractice wouldn't be one of them.
 

quincy

Senior Member
There is no legal malpractice action for the OP in this instance. Legal malpractice is a negligence claim by a client against his/her lawyer for failing to meet the minimum standards of practice in representing that client. The OP was not represented by that attorney; the attorney represented the opposing party. The OP might have some kind of claim to bring against the attorney (though the facts don't clearly indicate any to me), but malpractice wouldn't be one of them.
The attorney he sees can tell him if there is a legal action available to pursue. Perhaps the attorney will find some “legal chicanery” where we are not seeing any.
 

MioProton

Active Member
How long ago did the judge grant summary judgment? What was the reason given?

There is a difference, by the way, between summary judgment and dismissal of an action.

Dismissal: https://casetext.com/rule/florida-court-rules/florida-rules-of-civil-procedure/rules/rule-1420-dismissal-of-actions

Summary judgment: https://casetext.com/rule/florida-court-rules/florida-rules-of-civil-procedure/rules/rule-1510-summary-judgment

I agree with Zigner’s first response. You will want the assistance of your current attorney (or hire another attorney) to advise you on where you go from here.
It was thrown out summary Judgment maybe a few months ago yet it look years and years to get to that point with so many hours of deposition on people being asked pointless question. I think the strategy was to just harass people to the point of settling or maybe leading the witness to misremember something that did not actually happen.
If I were to hire an attorney, is there a special attorney who sues other attorneys or a type of attorney who can sue for frivolous lawsuit ?

Thanks.
 

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