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BROWN v. AVERETTE

No. 8210SC1261.

313 S.E.2d 865 (1984)

Inez H. BROWN v. Raymond AVERETTE, Executor of the Estate of Luther M. Ray, and Raymond Averette, J.W. Privette, and Gwendolyn F. Privette, Individually.

Court of Appeals of North Carolina.

April 17, 1984.

Attorney(s) appearing for the Case

William A. Smith, Jr., Raleigh, for plaintiff-appellant.

Johnson, Gamble & Shearon by David R. Shearon and M. Blen Gee, Jr., Raleigh, for defendant-appellee Raymond Averette.

J. Michael Weeks, Zebulon, for defendants-appellees J.W. Privette and Gwendolyn F. Privette.

PHILLIPS, Judge.

Malicious prosecution claims based on prior court proceedings of a civil nature are enforceable in this state. Byrd, Malicious Prosecution in North Carolina, 47 N.C.Law Review 285 (1969). According to some of the most cited and quoted decisions in this field, such claims have the following requirements: (1) the prior action was against plaintiff; (2) it was brought, instigated or supported by the defendant; (3) in doing so the defendant acted...

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