No. 2 CA-CIV 2884.

122 Ariz. 509 (1979)

596 P.2d 35

Charles D. BEARUP, Appellant, v. Sam Tom BEARUP, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 2, 1979.

Review Denied May 30, 1979.

Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit by Chester J. Peterson, Phoenix, for appellant.

Quisenberry & Hughes by James A. Quisenberry, Casa Grande, for appellee.



This appeal attacks a judgment for appellee on his claim for malicious prosecution and denial of appellant's motions for judgment n.o.v. or for new trial conditioned on appellee's consent to a remittitur. Because appellee failed to establish the essential element of a favorable termination of the criminal prosecution, we reverse.

Appellee is president of Lake Plastics Corporation. Appellant, appellee's uncle, rented equipment...

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