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NELSON v. CHIN YUNG CHANG

No. 8520DC533.

337 S.E.2d 650 (1985)

Tharee NELSON v. CHIN YUNG CHANG.

Court of Appeals of North Carolina.

December 17, 1985.

Attorney(s) appearing for the Case

Pollock, Fullenwider, Cunningham & Patterson, P.A. by Bruce T. Cunningham, Jr., Southern Pines, for plaintiff-appellant.

M. James Clarke II, Southern Pines, for defendant-appellee.

PARKER, Judge.

In her first assignment of error, plaintiff contends the court erred in denying her motion to dismiss the claim for malicious prosecution. In order to prove a cause of action for malicious prosecution, the claimant must show that the defendant (i) initiated the earlier proceeding, (ii) maliciously, (iii) without probable cause and that (iv) the proceeding terminated in the claimant's favor. Jones v. Gwynne, 312 N.C. 393

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