Law Offices of Paul Morris P.A Dixie Highway Suite Miami FL fax paulappeal gmail.com w.paulmorrislaw.com December Office of the Clerk Supreme Court of Florida South Duval Street Tallahassee FL Re Epstein/Petitioner Edwards/Respondent SC15 I t3 a Cl Sir or Madam osed for filing please find the petitioners check for the filing fee of and file stamped copy of the notice to invoke Thank you PM/pah enc UL MORRIS Counsel for Petitioner Jeffrey Epstein IN THE DISTRICT COURT OF APPEAL OF FLORIDA FOURTH DISTRICT CASE NO BRADLEY EDWARDS Appellant JEFFREY EPSTEIN Appellee I NOTICE TO INVOKE Fax paulappeal gmail.com paul paulmorrislaw.com sf Paul Morris PAUL MORRIS Counsel for Appellee CERTIFICATE OF SERVICE I hereby certify that on this 10th day of December a copy of the foregoing was emailed to those on the list below SERVICE LIST William King Searcy Denny Scarola Barnhart Shipley P.A Palm Beach Lakes Blvd West Palm Beach FL wbk searcylaw.com Philip Burlington Burlington Rockenbach P.A Courthouse Commons/Suite Railroad Avenue West Palm Beach FL pmb FLAppellateLaw.com kbt FLAppellateLaw.com Tonja Haddad Coleman Tonja Haddad Coleman P.A SE 7th Street Suite sf Paul Morris Fort Lauderdale FL tonj a tonjahaddad.com ayme tonjahaddad.com Bradley Edwards Farmer Jaffe Weissing Edwards Fistos Lehrman P.L Andrews Ave Ste Ft Lauderdale FL brad pathtojustice.com Fred Haddad Fred Haddad P.A Financial Plaza Ste Ft Lauderdale FL haddadfm aol.com Mark Nurik Law Offices of Mark Nurik Broward Blvd Ste Ft Lauderdale FL marc nuriklaw.com Jack Goldberger Atterbury Goldberger Weiss P.A Australian Ave Ste West Palm Beach FL jgoldberger agwpa.com Chester Brewer Jr Chester Brewer Jr P.A Australian Ave Suite West Palm Beach FL wcblaw aol.com wcbdiane yahoo.com DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT BRADLEY EDWARDS Appellant JEFFREY EPSTEIN and SCOTT ROTHSTEIN Appellees No November Appeal from the Circuit Court for the Fifteenth Judicial Circuit Palm Beach County Donald Hafele Judge L.T Case No Philip Burlington of Burlington Rockenbach P.A and William King of Searcy Denney Scarola Barnhart Shipley P.A West Palm Beach for appellant Paul Morris of The Law Offices of Paul Morris P.A Miami and Tonja Haddad Coleman of Tonja Haddad PA Fort Lauderdale for appellee Jeffrey Epstein WARNER,J Appellant challenges a summary judgment holding that his malicious prosecution claim against appellee Epstein was barred by the litigation privilege The trial court granted summary judgment based upon Wolfe Foreman So 3d Fla 3d DCA which had decided this issue just before the motion for summary judgment was heard However after the trial court ruled our court held to the contrary in Fischer Debrincat So 3d Fla 4th DCA and certified conflict with Wolfe to the supreme court See also Rivemider Meyer So 3d Fla 4th DCA 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 State So 2d Fla 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 courts evaluation Just as in Fi.scher and Rivemider we certify that this opinion conflicts with Wolfe Reversed and remanded for furlher proceedings TAYLOR and FORST JJ concur Notfinal until disposition of timely filed motion/or rehearing
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