Malicious Prosecution

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Discussion I. Can our client satisfy the first requirement for a malicious prosecution suit that requires that the termination of the earlier suit be in the plaintiff’s favor when in our client’s case their termination was due to a voluntary dismissal by the initial plaintiff who changed her mind about her claim?

To meet the first element –favorable termination- a plaintiff cannot rely on a settlement of the case that both parties agree to. Once the litigation ends by settlement there is no favorable termination for the purpose of pursuing a malicious prosecution. A favorable termination is satisfied by abandonment or dismissal and without any final determination merits. However there are preceding cases that require that
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The judgment entered by the trial court on the motion to dismiss was reversed because a termination must be in favor of the person against whom civil proceedings are brought.
To have an action for malicious prosecution, our client must prove that a favorable termination has taken place. In the Colli case it establishes that a voluntary dismissal “without prejudice” of a will contest is a favorable termination. In the Frey case it is stated that when a termination or dismissal indicates in some fashion that the accused is innocent of wrongdoing it is a favorable termination. Also a termination without a trial on the merits may be a favorable termination of litigation if the circumstances indicate the innocence or freedom from liability of the defendant. In a case where there is no adjunction on the merits the existence of favorable termination of the prior proceeding, you must look at the facts to determine what actually occurred and whom the termination benefitted. II. Can our client show a special injury from another earlier suit against him, as required to have an action for malicious prosecution, when his charter boat was seized pending the suit as allowed by state, and when his professional reputation was damaged because of the suit?

To meet the fourth element –special injury- a plaintiff must show a special injury from the previous malicious suit. A special injury can be met by
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