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

[quincy]

So you can't file a new case for frivolous lawsuit unless the old judge said it was frivolous? Even with new evidence that it there was fraud committed?

In cases where people have sued the police for brutality or unlawful detainment or other types of misconduct.

Step # 1 First they must win the case against them
Step # 2 They can bring a case against the local government for the misconduct.

The only requirement for step # 2 is that they are found not guilty in Step # 1. The initial judge does not have to say to declare the police guilty of violating someone's rights at that moment in time.

Lawsuit was dismissed because it had no merit and lacking a valid legal basis. He treated it as a frivolous lawsuit even know he did not utter the words frivolous.

Where does it say in Florida law that the original judge must proclaim the case frivolous at the time? Can anyone quote me the law that said this?

If you believe that the plaintiff, perhaps in cooperation with his attorney, filed a frivolous claim to collect on either insurance money or a payout from you, you might want to investigate this plaintiff more thoroughly. If you find evidence that he has filed slip and fall claims in the past, you may have a better chance of supporting a legal action against him and/or his attorney.

That your case resulted in summary judgment seems to indicate that the judge found the claim not frivolous but rather without sufficient evidence against you to award damages. In other words, the judge didn’t say that the slip and fall didn’t happen and injury resulted but rather that not enough evidence was presented to show you were at fault.

Here is a rather interesting case out of New York that shows what can happen to those who try to defraud businesses and insurance companies by faking slip and fall accidents:

https://www.justice.gov/usao-sdny/pr/attorneys-and-doctors-new-york-charged-defrauding-businesses-and-insurance-companies

The New York case was slip and fall on a large scale - $31 million large - but slip and fall scams are not all that uncommon. They can be relatively easy money for scammers who target the unwary business and quick-to-settle insurer.

You appear to have been a target of such a scammer. The scammer walked away with nothing. In that sense, you should be happy. I understand your anger and frustration but you have to decide if pursuing this further is worth your additional time, effort and money.