Florida/Georgia Personal Injury & Workers Compensation

...with the sheriff, an affidavit “that the property claimed belongs to him” and by furnishing “a bond with surety” to the sheriff. Id. § 56.16. By filing the affidavit and bond, the third party guarantees its right to a jury trial “to try the right of property.” Id. § 56.18....

...pson. Prior to the date of the execution sale, Farmers Bank and Trust of Bardstown, Kentucky (intervenor), intervened, claiming it had a superior interest in the judgment debtor's automobile. Following the procedure set out in Sections 56.16 through 56.18, Florida Statutes, a hearing was conducted on the intervenor's claim, which the lower court denied, ruling that the automobile did not belong to the intervenor....

...Appellant thereafter filed the present action against appellee for malicious prosecution. The case was concluded at the trial level by the lower court's order granting appellee's motion for summary judgment, entered on the ground that the statutory remedy provided in section 56.18 furnishes plaintiff the "total" remedy for damages sought against a third party garnishor, and that res judicata bars the subsequent action. We reverse, finding the trial court erred in applying res judicata to the instant cause, and in concluding that section 56.18 provides the exclusive statutory remedy for damages caused by wrongful third party intervention....

...O'Byrne, 148 So.2d 755 (Fla. 1st DCA 1963). The tort includes as one of its elements the wrongful initiation of a civil proceeding. W. Prosser and W. Keeton, Law of Torts § 120 (5th ed. 1984). We are asked to decide whether the remedy provided to plaintiff by section 56.18 supersedes the remedy furnished to him by malicious prosecution....

...Statutes ordinarily should be construed in such a way as to harmonize them with the existing common law. Vanner v. Goldshein, 216 So.2d 759 (Fla. 3d DCA 1968), and statutes designed to alter the common law must speak in unequivocal terms. Burklin v. Willis, 97 So.2d 129 (Fla. 1st DCA 1957). The relevant language in section 56.18 provides: "If the verdict is in favor of plaintiff and it appears that the claim was interposed for delay, plaintiff may be awarded reasonable damages, not exceeding 20 percent of the value of the property claimed." (e.s.) In the instant case, the plaintiff was awarded damages of 20 percent of the value of the property claimed. Strictly construing section 56.18, we think it clear that the only damages the statute limits are damages which can be awarded when it "appears that the claim was interposed for delay." The tort of malicious prosecution goes beyond damages for delay and requires malice and lack of probable cause in the original prosecution....

...Moreover, a party bringing a malicious prosecution action is not limited to a specific amount of damages in that he may seek — as did plaintiff at bar — both compensatory and punitive damages. 52 Am.Jur.2d Malicious Prosecution § 104 (1970). We therefore conclude that section 56.18 does not limit appellant's subsequent cause of action for malicious prosecution....

...The key to determining if the cause of action is the same is "whether the facts or evidence necessary to maintain the suit are the same in both actions." Id. In an action for malicious prosecution, proof of malice is a necessary factual element, while malice is unnecessary for statutory damages under section 56.18....

li-censor and licensee. 23 Fla.Jur., Negligence, § 56; 18 Fla.Law & Practice, Negligence, § 11. And this

which it issued with the affidavit and bond. Section 56.18, Florida Statutes (1976), provides that as soon

...on. Prior to the date of the execution sale, Farmers Bank and Trust of Bardstown, Kentucky (intervenor), intervened, claiming it had a superior interest in the judgment debtor’s automobile. Following the procedure set out in Sections 56.16 through 56.18, Florida Statutes, a hearing was conducted on the intervenor’s claim, which the lower court denied, ruling that the automobile did not belong to the inter-venor....

...Appellant thereafter filed the present action against appellee for malicious prosecution. The case was concluded at the trial level by the lower court’s order granting appellee’s motion for summary judgment, entered on the ground that the statutory remedy provided in section 56.18 furnishes plaintiff the “total” remedy for damages sought against a third party garnishor, and that res judicata bars the subsequent action. We reverse, finding the trial court erred in applying res judicata to the instant cause, and in concluding that section 56.18 provides the exclusive statutory remedy for damages caused by wrongful third party intervention....

...O’Byrne, 148 So.2d 755 (Fla. 1st DCA 1963). The tort includes as one of its elements the wrongful initiation of a civil proceeding. W. Prosser and W. Keeton, Law of Torts § 120 (5th ed. 1984). We are asked to decide whether the remedy provided to plaintiff by section 56.18 supersedes the remedy furnished to him by malicious prosecution....

...Statutes ordinarily should be construed in such a way as to harmonize them with the existing common law. Vanner v. Goldshein, 216 So.2d 759 (Fla. 8d DCA 1968), and statutes designed to alter the common law must speak in unequivocal terms. Burklin v. Willis, 97 So.2d 129 (Fla. 1st DCA 1957). The relevant language in section 56.18 provides: “If the verdict is in favor of plaintiff and it appears that the claim was interposed for delay, plaintiff may be awarded reasonable damages, not exceeding 20 percent of the value of the property claimed.” (e.s.) In the instant ease, the plaintiff was awarded damages of 20 percent of the value of the property claimed. Strictly construing section 56.18, we think it clear that the only damages the statute limits are damages which can be awarded when it “appears that the claim was interposed for delay.” The tort of malicious prosecution goes beyond damages for delay and requires malice and lack of probable cause in the original prosecution....

...Moreover, a party bringing a malicious prosecution action is not limited to a specific amount of damages in that he may seek—as did plaintiff at bar—both compensatory and punitive damages. 52 Am. Jur.2d Malicious Prosecution § 104 (1970). We therefore conclude that section 56.18 does not limit appellant’s subsequent cause of action for malicious prosecution....

...The key to determining if the cause of action is the same is “whether the facts or evidence necessary to maintain the suit are the same in both actions.” Id. In an action for malicious prosecution, proof of malice is a necessary factual element, while malice is unnecessary for statutory damages under section 56.18....

...In Silver a writ of execution had issued pursuant to a judgment in favor of Silver. Farmer’s Bank intervened in the pending execution sale, claiming a superior interest in a certain automobile. In a proceeding held pursuant to Sections 56.16 through 56.18, Florida Statutes, which provide for resolution of such disputes, Silver prevailed and was awarded 20 percent of the value of the automobile in accordance with Section 56.-18’s provision: “If the verdict is in favor of plaintiff and it appe...