Opinion
No. 95-2857.
May 8, 1996.
An Appeal from the Circuit Court for Dade County, Amy Steele Donner, Judge; Lower Tribunal No. 95-276.
John G. Shiley, Miami, for appellant.
Hightower and Rudd, Miami; Richard A. Warren, South Miami, for appellee.
Before NESBITT, LEVY, and GERSTEN, JJ.
Appellant appeals an adverse summary judgment in her malicious prosecution suit against appellee. Because the record is insufficient to determine whether the original proceeding constituted a bona fide termination, a material issue of fact remains. See Sfeir v. Equitable Life Assurance Soc'y, 595 So.2d 971 (Fla. 2d DCA 1992); see also Alamo Rent-A-Car, Inc. v. Mancusi, 632 So.2d 1352 (Fla. 1994). Accordingly, the summary judgment is inappropriate.
Reversed.