GRAVITT V. ANOVA
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 WILLIAM H. GRAVITT, III, and ** JAVCO INTERNATIONAL CORPORATION, ** Appellants, ** vs. ANOVA FOOD BV, a foreign ** corporation and CONSTANT MULDER, ** Appellee. ** CASE NOS. 3D04-353 3D04-1251 LOWER TRIBUNAL NO. 02-19607 Opinion filed October 13, 2004. An Appeal from the Circuit Court for Miami-Dade County, Jennifer D. Bailey and Jerald Bagley, Judges. Jack P. Attias, for appellant. David L. Rich, P.A. and Adam E. Miller (Margate); McManus & Smith, LLP, and Ray S. Smith, III (Georgia), for appellee. Before COPE, GERSTEN, and GREEN, JJ. PER CURIAM. In this Corporation and consolidated William H. appeal, Gravitt, Javco III appeal International from final summary judgments entered in favor of the defendants, Anova Food BV. and Constant Mulder, in these malicious prosecution cases. Because we find that there are genuine issues of material fact as to whether there were bona fide terminations on the merits, we reverse. See Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352 (Fla. 1994) (whether bargained for agreement constitutes bona fide termination is question of fact for jury). GERSTEN and GREEN, JJ., concur. 2 Javco International Corp. v. Anova Food BV Case No. 3D04-353 & 3D04-1251 COPE, J. (concurring in part and dissenting in part). In my view the trial court correctly entered summary judgment against Javco International Corporation on one of its malicious prosecution claims in the order dated October 7, 2003. I concur in reversing the summary judgment on the remaining claims. 3
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