REDLAND CONSTRUCTION CO. v. CALLAHAN

No. 85-256.

480 So.2d 118 (1985)

REDLAND CONSTRUCTION COMPANY, Appellant, v. Donald CALLAHAN and Bonnie Callahan, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 13, 1986.


Attorney(s) appearing for the Case

Stanley Jay Bartel, Miami, for appellant.

Henry T. Courtney, Miami, for appellees.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.


PER CURIAM.

The judgment in favor of the plaintiffs in this malicious prosecution action is reversed with directions to enter judgment for the defendant, Redland Construction Company. The evidence in this record demonstrates without contradiction that the portion of the real property which Redland sought to recover in its suit against the Callahans was, as the grantee well knew, mistakenly conveyed by Redland and that, therefore, Redland's suit, filed upon advice...

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