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Pastimes : Business Wire Falls for April Fools Prank, Sues FBNers -- Ignore unavailable to you. Want to Upgrade?

To: Janice Shell who wrote (1276)	5/2/1999 10:02:00 AM
From: cardcounter	Respond to of 3795

looks like my bookie was right on.. better adjust those odds Message 9186320 good luck.

To: Janice Shell who wrote (1276)	5/2/1999 10:24:00 AM
From: Razorbak	Read Replies (1) \| Respond to of 3795

Malicious Prosecution One begun in malice without probable cause to believe the charges can be sustained. An action for damages brought by person, against whom civil suit or criminal prosecution has been instituted maliciously and without probable cause, after termination of prosecution of such suit in favor of person claiming damages. Beaurline v. Smith, Tex.Civ.App., 426 S.W.2d 295, 298. One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings if: (a) he acts without probable cause, and primarily for a purpose other than that of securing the proper adjudication of the claim in which the proceedings are based, and (b) except when they are ex parte, the proceedings have terminated in favor of the person against whom they are brought. Restatement, Second, Torts, § 674. Elements of a cause of action for malicious prosecution are: (1) commencement of prosecution of proceedings against present plaintiff; (2) its legal causation by present defendant; (3) its termination in favor of present plaintiff; (4) absence of probable cause for such proceedings; (5) presence of malice therein; and (6) damage to plaintiff by reason thereof. Palermo v. Cottom, Mo.App., 525 S.W.2d 758, 764. In addition to the tort remedy for malicious criminal proceedings, the majority of states also permit tort actions for malicious institution of civil actions. © Blacks Law Dictionary, Fifth Edition, West Publishing Co., St. Paul, MN, pg 864.