OGG, Judge.
The issue presented in this appeal is whether the trial court erred in granting appellees' motion to dismiss the malicious prosecution action initiated by appellants Frey and others (hereinafter Frey). The trial court concluded that the voluntary dismissal of the underlying litigation did not constitute a consideration of the merits and therefore was not a termination in favor of Frey. We affirmthe judgment of the superior court.
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