JONES v. SOILEAU

No. 83-1.

435 So.2d 503 (1983)

Elsie May JONES, Plaintiff-Appellee, v. Calvin SOILEAU, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 17, 1983.

Writ Granted November 4, 1983.


Attorney(s) appearing for the Case

Fruge & Vidrine, Richard Vidrine, Ville Platte, for defendant-appellant.

Preston N. Aucoin and Gilbert Aucoin, Ville Platte, for plaintiff-appellee.

Before DOUCET, YELVERTON and KNOLL, JJ.


YELVERTON, Judge.

This is an action for damages for malicious prosecution. The trial court rendered judgment in favor of the plaintiff, Elsie Jones, for $25,000. The defendant, Calvin Soileau, appealed. We reverse.

We find that plaintiff failed to prove one of the essential elements in a malicious prosecution case, an absence of probable cause. Before discussing this element, it is necessary that we recite the facts leading up to the criminal prosecution and...

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