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DEATON v. LEATH

21901

279 S.C. 82 (1983)

302 S.E.2d 335

Donald Ray DEATON, Appellant, v. Barbara P. LEATH and Charles R. Leath, Respondents, and Teresa McCLAIN, Appellant, v. Barbara P. LEATH and Charles R. Leath, Respondents, and Michael V. STARNES, Appellant, v. Barbara P. LEATH and Charles R. Leath, Respondents, and Mary F. CHILDERS, Appellant, v. Barbara P. LEATH and Charles R. Leath, Respondents. (four cases).

Supreme Court of South Carolina.

April 19, 1983.

Attorney(s) appearing for the Case

Michael J. Barnett, of McCrackin & Barnett, Myrtle Beach, for appellants.

J. Boone Aiken, III, of Wright Scott, Blackwell & Powers, Florence, for respondents.

April 19, 1983.

NESS, Justice:

This is a malicious prosecution action. Appellants contend the trial court erred in granting respondents' Leaths' motions for summary judgment. We disagree and affirm.

The Leaths caused appellants to be arrested and charged with trespassing and disorderly conduct. Appellants waived their right to a jury trial and were found guilty as charged by the Myrtle Beach City Recorder....

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