Opinion
No. 92-808.
October 6, 1992.
An Appeal from the Circuit Court for Dade County; Phillip W. Knight, Judge.
Gonzalo R. Dorta, Miami, appellant.
Valdes-Fauli, Cobb, Bischoff Kriss and Jonathan L. Gaines and John J. Hearn, Miami, for appellees.
Before SCHWARTZ, C.J., and FERGUSON and GERSTEN, JJ.
The trial court correctly determined that the appellant's complaint did not and could not state a claim for abuse of process and therefore could be maintained, if at all, only as a malicious prosecution action after a favorable determination of the underlying action. Marty v. Gresh, 501 So.2d 87 (Fla. 1st DCA 1987); McMurray v. U-Haul Co., Inc., 425 So.2d 1208 (Fla. 4th DCA 1983); Blue v. Weinstein, 381 So.2d 308 (Fla. 3d DCA 1980); see Yoder v. Adriatico, 459 So.2d 449 (Fla. 5th DCA 1984).
Affirmed.