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YUCCA FORD, INC. v. SCARSELLA

No. 1025.

509 P.2d 564 (1973)

85 N.M. 89

YUCCA FORD, INC., and Kenneth E. Clear, Plaintiffs-Appellants, v. Richard F. SCARSELLA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 10, 1973.

Attorney(s) appearing for the Case

J. Wayne Woodbury, Silver City, for plaintiffs-appellants.

Asa Kelly, Jr., Silver City, for defendant-appellee.

OPINION

WOOD, Chief Judge.

The jury returned a verdict for Scarsella on his counterclaim for malicious prosecution. Plaintiffs' appeal raises questions as to: (1) determination of probable cause by the trial court; (2) evidence as to probable cause; (3) excessive damages.

Determination of probable cause by the trial court.

The elements to be proved in an action for malicious prosecution are stated in Meraz v. Valencia et al., 28...

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