abuse of process claim (Florida) · Go Syfert
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abuse of process claim in Florida

6 Florida opinions name it 1 courts 1984–2025 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
TORTOISE ISLAND COMMUNITIES v. Moorings Association, Inc.green
fla · 1986 · cited in 2 Florida opinions naming this issue, 2006–2006
2 sentences

2006See Christopher v. State, 489 So.2d 22, 24 (Fla.1986) (discussing the abuse of process doctrine and the adoption of rule 3.850(f)).

2006Christopher v. State, 489 So.2d 22, 24 (Fla. 1986).

22
Peckins v. Kayegreen
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Valdes' failure to allege any improper willful acts by the appellees during the course of the prior action requires dismissal of the abuse of process claim as well. [2] Peckins v. Kaye, 443 So.2d 1025, 1026 (Fla. 2d DCA 1983)(confirming that ulterior motives alone are insufficient to support an abuse of process claim and that "[t]here must be an improper willful act during the course of the proceedings to constitute an abuse of process").

11
Della-Donna v. Nova University, Inc.green
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See Della-Donna v. Nova Univ., Inc., 512 So.2d 1051, 1055-56 (Fla. 4th DCA 1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Yoder v. Adriatico green
fladistctapp · 1984
1 sentence

2025Consequently, whether a plaintiff can prevail on an abuse of process claim “turns on . . . sufficient proof that [the defendant] misused process after it was served so as to exert some form of leverage over [the plaintiff].” Id.

12025–2025
Blue v. Weinstein green
fladistctapp · 1980
1 sentence

1984The abuse of process claim was properly rejected by the trial court on authority of Blue v. Weinstein, 381 So.2d 308 (Fla. 3d DCA 1980).

11984–1984

Where else courts name it

OH 53 (1994–2025) MA 51 (1986–2026) CA 44 (1986–2026) NY 25 (1986–2026) CT 22 (1991–2025) PA 20 (2001–2025) CO 20 (1986–2026) TX 19 (1993–2025) SC 17 (1994–2026) NM 17 (1987–2024) NV 16 (1986–2022) IN 16 (1994–2025) AL 15 (1981–2024) ME 15 (1984–2023) IA 14 (1982–2021) NC 13 (1986–2025) MO 12 (1993–2022) MT 12 (2000–2024) MS 10 (1999–2025) WA 10 (2008–2026) AZ 10 (1982–2024) RI 8 (1989–2010) MI 8 (1984–2024) LA 8 (1993–2024) AR 8 (1993–2021) VA 8 (1989–2021) KY 7 (2013–2024) HI 7 (1990–2024) UT 7 (2004–2025) IL 7 (1996–2023) KS 6 (1988–2021) FL 6 (1984–2025) NJ 6 (1992–2026) WI 5 (1979–2026) AK 5 (1988–2025) TN 5 (2000–2020) DE 4 (2014–2024) ND 4 (2015–2020) OR 3 (1986–2023) OK 3 (2000–2020) SD 3 (1991–2022) NH 3 (1995–2019) MN 2 (1979–2014) NE 2 (1998–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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