that counts two and three against former Wheelhouse employee Oscar Sansoni remained pending in the trial court at the time of the entry of the partial summary judgment under review. Count eight against former Department employee Judy Carter was dismissed prior to the entry of the judgment under review. 3 . Apparently, Dahly conceded to the trial court that summary judgment was proper with regard to count one, alleging negligent performance of a mandatory duty against the Department, and count eleven, alleging libel against Hermelbracht, Gray, and Powell. On appeal, Dahly does not challenge the entry of summary judgment on these counts. 4 . The record does not conclusively demonstrate that Coffey was entitled to absolute immunity. See Fridovich v. Fridovich, 598 So.2d 65, 69 (Fla.1992)
holding that prosecutors have absolute immunity holding that while a witness and prosecutor were protected by absolute immunity for their participation in judicial proceedings they were not entitled to absolute immunity on a  1983 claim that they conspired to present false testimony holding that absolute immunity extends to statements made in the course of judicial proceedings but not to preliminary investigations prior to the institution of criminal charges recognizing that absolute immunity is immunity from charges of either constitutional or statutory violations holding that absolute prosecutorial immunity extends to civil forfeiture proceedings