Does anyone here really know the elements of a malicious prosecution?

My complaint was dismissed because the defense atty claimed that the termination of the underlying suit was not a bona fide termination in my favor simply because there was a NDA agreement. I believe that is incorrect and want to appeal. But first, I need to know for a fact that the NDA did not affect my termination negatively.

Follow the link below for a quick account of the details.

If you'd like to appeal, you should speak to an attorney.

topbodz said:

Does anyone here really know the elements of a malicious prosecution?

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Yes. "In order to prevail in a malicious prosecution action, a plaintiff must establish that: (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." Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352, 1355 (Fla. 1994).

topbodz said:

My complaint was dismissed

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A complaint for malicious prosecution, I assume. What was the procedure that led to the dismissal.

topbodz said:

the defense atty claimed that the termination of the underlying suit was not a bona fide termination in my favor simply because there was a NDA agreement.

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The defense attorney claimed...and the court agreed? What was the underlying suit about? Who were the parties? What does the existence of an NDA have to do with the termination of the underlying suit "not [being] a bona fide termination in [your] favor"?

topbodz said:

I believe that is incorrect and want to appeal. But first, I need to know for a fact that the NDA did not affect my termination negatively.

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Whether the court that dismissed your lawsuit was or wasn't correct is a matter of law, not a matter of fact. One would need to review the court's order dismissing the case, along with whatever briefing led to the dismissal.

the whatnow link gives most details. I have the lawyer's motion to dismiss and my lawyer's response. but it's a very long read. I can send you the NDA and the dismissal of the underlying injunction.
but, first follow the link in the post for most details. thanks

Zigner said:

If you'd like to appeal, you should speak to an attorney.

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I plan on that, but appeals are expensive, I need to know more about my chances of winning first

topbodz said:

I plan on that, but appeals are expensive, I need to know more about my chances of winning first

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Random, uninvolved, ignorant folks on the internet are NOT the right people to be asking. An attorney would be a much better choice to be having this discussion with.