An action for malicious prosecution possesses the following six elements:

(1) an original criminal or civil judicial proceeding against the present plaintiff was commenced or continued;

(2) the present defendant was the legal cause of the original proceeding against the present plaintiff as the defendant in the original proceeding;

(3) the termination of the original proceeding constituted a bona fide termination of that proceeding in favor of the present plaintiff;

(4) there was an absence of probable cause for the original proceeding;

(5) there was malice on the part of the present defendant, and

(6) the plaintiff suffered damage as a result of the original proceeding.

Alamo Rent–A–Car, Inc. v. Mancusi, 632 So.2d 1352, 1355 (Fla.1994).


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