EPSTEIN
page 5 / 7 . OCR, unverified
169 So. 3d 1204, 1209 (Fla. 4th DCA 2015), and certified conflict with
Wolfe to the supreme court. See also Rivemider u. Meyer, 174 So. 3d 602,
604 (Fla. 4th DCA 2015) (same). As the issue is the same in this case, we
hold that the litigation privilege does not bar a malicious prosecution
The trial court properly relied on Wolfe at the time, because that case was
binding upon the trial court in the absence of interdistrict conflict. See Pardo v.
State, 596 So. 2d 665, 666 (Fla. 1992).
cause of action where all the elements of malicious prosecution are
present.
Epstein suggests that this case could be decided on a tipsy coachman
analysis, as he alleges that all the elements of the cause of action were not
present. However, the trial court specifically found that material issues of
fact remained as to the elements of the claim.
Based upon the facts
presented and the inferences which may be drawn from those facts, we
will not disturb the trial court's evaluation.
Just as in Fischer and Rivemider, we certify that this opinion conflicts
with Wolfe.
Reversed and remanded for further proceedings.
TAYLOR and FORST, JJ., concur.
*
*
*
Not final until disposition of timely filed motion for rehearing.
I hereby certify that the above and foregoing is a
true copy of instrument filed· in my office.
Lonn Weissblum, CLERK
DISTRICT COURT OF APPEAL OF
FLO~
··· ~STR!CT
Per
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D utyClerk
FOURTH DISTRICT COURT OF APPEAL
1525 PALM BEACH LAKES BLVD.
WEST PALM BEACH, FLORIDA 33401
(561) 242-2000
Da~: December10,2015
Case Name: BRADLEY J. EDWARDS vs. JEFFREY EPSTEIN and SCOTT ROTHSTEIN
Case No: 4D 14-2282
Trial Court No.: 502009CA040800XXXXMB
Trial Court Judge: HON. DONALD HAFELE
Dear Mr. Tomasino:
Attached is a certified copy of a Notice to Invoke Discretionary Jurisdiction/Notice of Appeal to the Supreme
Court of Florida pursuant to Rule 9.120, Florida Rules of Appellate Procedure. Attached also is this Court's
opinion or decision relevant to this case.
D The filing fee prescribed by Section 25.241 (3), Florida Statutes, was received by this court
and will be mailed.
[Z] The filing fee prescribed by Section 25.241 (3), Florida Statutes, was not received by this court.
D Petitioner/ Appellant has been previously determined insolvent by the circuit court or our court.
D Petitioner/Appellant has already filed, and this court has granted, petitioner/appellant's Motion
to proceed without payment of costs in this case.
D Petitioner/Appellant filed Notice via EDCA and the fee has not been received by this court.
No filing fee is required in the underlying case in this court because it was:
D A Summary Appeal (Rule 9.141)
D From the Unemployment Appeals Commission
D A Habeas Corpus Proceeding
D A Juvenile Case
D Other- ____________________ _
If there are any questions regarding this matter, please do not hesitate to contact this Office.
Sincerely,
LONN WEISSBLUM
:~~~
Holly Davis l
Deputy Clerk
==================== END OF Court Records__Epstein v. Edwards, No. SC15-2286 (Fla. 2015)__NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT).txt ====================
==================== DOCUMENT: Court Records__Epstein v. Edwards, No. SC15-2286 (Fla. 2015)__ORDER-EXT OF TIME DY (JURIS BRIEF).txt ====================
METADATA_SOURCE: Court RecordsEpstein v. Edwards, No. SC15-2286 (Fla. 2015)
METADATA_FILENAME: ORDER-EXT OF TIME DY (JURIS BRIEF).pdf
----------------------------------------
Supreme Court of Florida
TUESDAY, DECEMBER 15, 2015
CASE NO.: SC15-2286
Lower Tribunal No(s).:
4D14-2282; 502009CA040800XXXXMB
JEFFREY EPSTEIN
vs.
BRADLEY J. EDWARDS, ET AL.
Petitioner(s)
Respondent(s)
Petitioner's motion for extension of time is hereby denied as moot.
A True Copy
Test:
td
Served:
PAUL MORRIS
PHILIP MEAD BURLINGTON
WILLIAM B. KING
JohnA. Tomasino
Clerk, Supreme Court
==================== END OF Court Records__Epstein v. Edwards, No. SC15-2286 (Fla. 2015)__ORDER-EXT OF TIME DY (JURIS BRIEF).txt ====================
==================== DOCUMENT: Court Records__Epstein v. Edwards, No. SC15-2286 (Fla. 2015)__ORDER-FILING FEE DUE.txt ====================
METADATA_SOURCE: Court RecordsEpstein v. Edwards, No. SC15-2286 (Fla. 2015)
METADATA_FILENAME: ORDER-FILING FEE DUE.pdf
----------------------------------------
Supreme Court of Florida
FRIDAY, DECEMBER 11, 2015
CASE NO.: SC15-2286
Lower Tribunal No(s).:
4D14-2282; 502009CA040800XXXXMB
JEFFREY EPSTEIN
vs.
BRADLEY J. EDWARDS, ET AL.
Petitioner(s)
Respondent(s)
The jurisdiction of this Court was invoked by the filing of a Notice to Invoke
Discretionary Jurisdiction or Notice of Appeal in the lower tribunal; however, said
notice was not accompanied by the $300.00 filing fee or an order of insolvency
from the district court of appeal as required by Florida Rules of Appellate
Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of
filing the notice. Petitioner is allowed to and including January 11, 2016, in which