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Richard and Jason Debrincat filed the original civil proceeding against a group of defendants. Stephen Fischer was later added as a party defendant, but the Debrincats subsequently dropped Fischer from the underlying proceeding. Fischer then brought an action against the Debrincats for malicious prosecution. The Debrincats moved for summary judgment, arguing that the litigation privilege afforded them immunity for their conduct of joining Fischer as a defendant in the underlying lawsuit. The trial court granted summary judgment and entered a final judgment for the Debrincats. The Fourth District reversed, holding that the litigation privilege cannot be applied to bar the filing of a malicious prosecution claim. The Supreme Court of Florida approved the Fourth District Court of Appeal’s decision, holding that the litigation privilege does not bar the filing of a claim for malicious prosecution that was based on adding a party defendant to a civil suit.