ECHEVARRIA, MCCALLA, RAYMER, BARRETT & FRAPPIER vs. COLE
Echevarria, McCalla, Raymer, Barrett and Frappier, et al., seek review of the decision of the First District Court of Appeal in Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 896 So. 2d 773 (Fla. 1st DCA 2004), on the ground that it expressly and directly conflicts with a decision of the Third District Court of Appeal, Boca Investors Group, Inc. v. Potash, 835 So. 2d 273 (Fla. 3d DCA 2002), on a question of law. We have jurisdiction. See art. V, S 3(b)(3), Fla. Const. Court limit our review to the question of law upon which jurisdiction was granted, and hold that the litigation privilege applies in all causes of action, statutory as well as common law. Accordingly, court quash the contrary decision of the First District and remand for further proceedings consistent with our holding.
Given the precedent established by Levin, court hold that the litigation privilege applies in all causes of action, whether for common law torts or statutory violations. Accordingly, court approve the decision in Boca Investors, quash the decision of the First District herein, and remand for further proceedings consistent herewith.
It is so ordered.
Comments on ECHEVARRIA, MCCALLA, RAYMER, BARRETT & FRAPPIER vs. COLE