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URBANEK v. 18TH HOLE INVERRARY CONDOMINIUM ASS'N

Supreme Court of Florida
Jun 14, 1993
619 So. 2d 231 (Fla. 1993)

Opinion

No. 80250.

March 4, 1993. Rehearing Denied June 14, 1993.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fourth District — Case No. 91-0969 (Broward County).

J. Cameron Story, III of Gunster, Yoakley Stewart, P.A., Fort Lauderdale, for petitioners.

G. Bart Billbrough of Walton, Lantaff, Schroeder Carson, Miami, for respondents.


We have for review Urbanek v. 18th Hole at Inverrary Condominium Ass'n, 599 So.2d 1056, 1056 (Fla. 4th DCA 1992), in which the Fourth District Court of Appeal affirmed based on its earlier decision in Urbanek v. 18th Hole at Inverrary Condominium Ass'n, 582 So.2d 154 (Fla. 4th DCA), review dismissed, 587 So.2d 1331 (Fla. 1991), and certified the same question that it had certified in the prior case. In the first Urbanek case, the district court certified the following question:

WHETHER CATE v. OLDHAM [ 450 So.2d 224 (Fla. 1984)] APPLIES TO PRIVATE LITIGANTS TO BAR A SUBSEQUENT ACTION FOR MALICIOUS PROSECUTION WHERE THE PLAINTIFF HAS PREVIOUSLY ELECTED TO TAX COSTS AND/OR FEES AFTER SUCCESSFULLY DEFENDING THE UNDERLYING ACTION?
Urbanek, 582 So.2d at 155. We have jurisdiction based on article V, section 3(b)(4) of the Florida Constitution. We answer the certified question in the negative based on our decision in Londono v. Turkey Creek, Inc., 609 So.2d 14 (Fla. 1992). Accordingly, we quash the decision below and remand for proceedings consistent with this Court's decision in Londono.

It is so ordered.

BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


Summaries of

URBANEK v. 18TH HOLE INVERRARY CONDOMINIUM ASS'N

Supreme Court of Florida
Jun 14, 1993
619 So. 2d 231 (Fla. 1993)
Case details for

URBANEK v. 18TH HOLE INVERRARY CONDOMINIUM ASS'N

Case Details

Full title:AUGUST URBANEK, ET AL., PETITIONERS, v. THE 18TH HOLE INVERRARY…

Court:Supreme Court of Florida

Date published: Jun 14, 1993

Citations

619 So. 2d 231 (Fla. 1993)