# Kmart, Inc. v. Asaro

> Court of Civil Appeals of Alabama · April 30, 1999 · 751 So. 2d 513

URL: https://www.frixlaw.com/law-library/cases/7729576

## Case

- **Full name:** Kmart, Inc., and Billie Stonecypher v. Amy Brown Asaro.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** April 30, 1999
- **Citations:** 751 So. 2d 513; 1999 Ala. Civ. App. LEXIS 270; 1999 WL 254685
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Beatty, Crawley, Robertson, Yates, Monroe, Thompson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7729576

## How later opinions describe it (automated extraction)

- explaining that the elements of malicious prosecution are "`(1) a judicial proceeding initiated by the defendant [in the later malicious-prosecution action], (2) the lack of probable cause, (3) malice, (4) termination in favor of the plaintiff [in the later malicious-prosecuti…

## Opinion text

CRAWLEY, Judge,
dissenting.
Cutts v. American United Life Ins. Co., 505 So.2d 1211 (Ala.1987), holds that all claims “arising out of facts within the ambit of malicious prosecution but couched in other terms, especially general allegations of negligence, willfulness, or wantonness,” must be treated as claims for malicious prosecution. 505 So.2d at 1214 . I believe the allegations underlying Asaro’s fraud claim arise out of facts within the ambit of malicious prosecution. Therefore, I would hold that Cutts forecloses Asaro’s fraud claim in addition to her false-imprisonment and abuse-of-process claims.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7729576. Public record. Not legal advice.