EARLYWINE v. STRICKLAND

55538.

145 Ga. App. 626 (1978)

244 S.E.2d 118

EARLYWINE v. STRICKLAND.

Court of Appeals of Georgia.

Decided April 6, 1978.


Attorney(s) appearing for the Case

David S. Marotte, for appellant.

Irvan A. Pearlberg, for appellee.


WEBB, Judge.

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...

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