stating statute of limitations on wrongful prosecution claim began to run when underlying claim was resolved in plaintiff’s favor
How later courts described this case
- stating statute of limitations on wrongful prosecution claim began to run when underlying claim was resolved in plaintiff’s favor
- emphasizing if error cannot be determined from incomplete, deficient or equivocal record, appellate court must presume trial court decision was legally correct
- "We know of no rule which gives lawyers absolute immunity for malicious prosecution."
Written by the judges who cited it.
The opinion
SIMMS, Justice,
concurring:
I concur with the opinion of the majority insofar as it reverses the trial court’s sus-tention of demurrers and pronounces judgment accordingly. I agree the claim does not appear to be barred by limitations and that Reeves failed to properly preserve for review, error in denying the claim of slander-of-title.