McCraney v. Barberi

Christina McCraney (plaintiff) issued a check to Barberi Radio & TV (BRT) for $293.56. When McCraney learned that the check had been returned for insufficient funds, she issued a money order to BRT for $296.56 to cover the worthless check and a $3 bank charge. BRT contracted with Safe-Check Services (Safe-Check) (defendant) for recovery of worthless checks. BRT owner James Barberi (defendant) and Safe-Check decided to pursue McCraney to recover the $20 service charge permitted under Florida law for collection efforts. Barberi submitted a worthless-check affidavit to the state attorney’s office. The affidavit did not disclose that McCraney had given Barberi a money order for $296.56. Barberi maintained that he attached a copy of the money order to the affidavit and told the state attorney’s office he was only seeking payment of $20, but the affidavit in the record did not include a copy of the money order. The state attorney’s office prosecuted McCraney on a felony worthless-check charge. The affidavit submitted by the assistant state attorney did not indicate that the decision to prosecute was made knowing that McCraney had issued a money order in the full amount of the returned check. The state attorney’s office nol-prossed the charge against McCraney upon learning that McCraney had paid the full amount of the check. McCraney sued Barberi and Safe-Check for malicious prosecution, alleging that they had falsely and knowingly instituted a criminal proceeding against her. The trial court granted summary judgment to Barberi, finding that Barberi’s testimony established that he provided all material information to the state attorney’s office. McCraney appealed.