Earlywine v. Strickland, 55538
Decision Date | 06 April 1978 |
Docket Number | No. 2,No. 55538,55538,2 |
Parties | Melvin J. EARLYWINE v. Mary E. STRICKLAND |
Court | Georgia Court of Appeals |
David S. Marotte, Marietta, for appellant.
Irvan A. Pearlberg, Marietta, for appellee.
An action for malicious prosecution instituted within six months from the entry of nolle prosequi of a criminal prosecution, upon which the action was predicated, is premature and dismissal was proper.
One of the five essential elements for a cause of action for malicious prosecution is "that the criminal prosecution was finally terminated legally in favor of the plaintiff." Powell v. Cohen, 116 Ga.App. 48, 50, 156 S.E.2d 495 (1967). "The prosecution must be ended before the right of action accrues." Code Ann. § 105-806.
Under Code Ann. § 27-1801, Price v. Cobb, 60 Ga.App. 59, 61-2, 3 S.E.2d 131 (1939); Code Ann. § 27-601. Bailey v. General Apartment Co., 139 Ga.App. 713, 229 S.E.2d 493 (1976), is not to the contrary.
Judgment affirmed.
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Williams v. Taylor, A91A1804
...prosequi of a criminal prosecution, upon which the action was predicated, is premature and dismissal [is] proper." Earlywine v. Strickland, 145 Ga.App. 626, 244 S.E.2d 118. "The trial court's order, however, purports to be not only a dismissal but also a grant of summary judgment to the def......
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State v. Davis, A91A1228
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