PAIR v. SOUTHERN BELL TEL. &c. CO.

56257.

149 Ga. App. 149 (1979)

253 S.E.2d 828

PAIR v. SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY.

Court of Appeals of Georgia.

Decided February 23, 1979.


Attorney(s) appearing for the Case

E. Graydon Shuford, for appellant.

Weekes, Candler, Sams & Weatherly, R. Phillips Shinall, III, for appellee.


BIRDSONG, Judge.

Plaintiff brought this complaint in two counts, malicious use of process (Count 1) and malicious abuse of process (Count 2). Defendant's motion for summary judgment was granted as to both counts. Held:

We affirm. To recover for malicious use of process, the following requisite elements must be shown: (1) prosecution of a civil action with malice; (2) such prosecution was without probable cause; (3) a termination of the proceedings in...

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