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EFTA01138929

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STATEMENT OF THE CASE AND FACTS The petitioners, Richard and Jason Debrincat, appellees in the Fourth District and defendants in the trial court, seek review of Fischer v. Debrincat, 169 So. 3d 1204 (Fla. 4th DCA 2015) in which the Fourth District certified conflict with Wolfe v. Foreman, 128 So. 3d 67 (Fla. 3d DCA 2013). The respondent, Stephen Fischer, was the appellant in the Fourth District and the plaintiff in the trial court. In Wolfe, the Third District held that the absolute litigation privilege barred a cause of action for malicious prosecution that was premised solely upon the filing of a lawsuit. The Third District stated that it was "guided and restrained by the broad language and application of the privilege" articulated by this Court in Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A. v. U.S. Fire Ins. Co., 639 So. 2d 606 (Fla.1994)1 and Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So.2d 380, 384 (Fla.2007)2, both of which held that the privilege applies to all causes of action. Wolfe, 128 So. 3d at 70. In Fischer, the trial court followed Wolfe and entered summary judgment against the respondent's cause of action for malicious prosecution that was also based solely upon the filing of a lawsuit. On appeal, the Fourth District reversed, holding ' Referred to herein as "Levin." 'Referred to herein as "Echevarria." EFTA01138929

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