“Malice is an inference of fact and may be inferred from the lack of probable cause or from mere wantonness or carelessness.”
How later courts described this case
- “Malice is an inference of fact and may be inferred from the lack of probable cause or from mere wantonness or carelessness.”
Written by the judges who cited it.
The opinion
With all due respect to the majority, I cannot distinguish this case from Delchamps, Inc. v. Morgan , 601 So.2d 442
(Ala. 1992) (substituted opinion on rehearing released July 17, 1992), in which I voted with the majority. Therefore, I dissent.
STEAGALL, J., concurs.