Abuse of Process in Florida
Abuse of process occurs when a party uses a legitimate legal procedure for a purpose it was not designed to achieve. In Florida, this tort provides a remedy for individuals and businesses harmed by the strategic misuse of court filings, discovery tools, and other legal mechanisms.
Elements of the Claim
A Florida abuse of process claim requires proof of three elements: an illegal, improper, or perverted use of process; a willful act or ulterior motive driving that misuse; and actual damages resulting from the abuse. Unlike malicious prosecution, the plaintiff does not need to show that the underlying case lacked probable cause or ended favorably.
Common Examples
Florida courts have recognized abuse of process in cases involving lis pendens filings used to block a property sale and coerce settlement, deposition subpoenas served to harass competitors, garnishment proceedings initiated to pressure payment of disputed debts, and repeated motions filed solely to increase an opposing party's legal costs.
Related Terms
- Malicious Prosecution
- Lis Pendens
- Frivolous Lawsuit
Barnes Walker Litigation
Barnes Walker represents parties in abuse of process claims and defends against improper litigation tactics in Florida courts. Contact our litigation team for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC