FREY v. STONEMAN

No. 18367-PR.

150 Ariz. 106 (1986)

722 P.2d 274

James L. FREY, M.D.; Grant A. Hertel, M.D.; Bernard E. Levine, M.D.; David R. Long, M.D.; John F. Murphy, M.D.; Philip J. Rubin, M.D.; George L. Sibley, M.D.; S. Sridhar, M.D.; Peter R.S. Thomas, M.D.; and Gregory B. Wingate, M.D., Plaintiffs-Appellants, v. Martin L. STONEMAN and Jane Doe Stoneman, his wife, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

July 2, 1986.


Attorney(s) appearing for the Case

Teilborg, Sanders & Parks by Frank A. Parks, Richard A. Kent, Phoenix, for plaintiffs-appellants.

Monbleau, Vermeire & Turley by Albert R. Vermeire, Christopher J. Bork, Phoenix, for defendants-appellees.


FELDMAN, Justice.

The issue in this case is whether a dismissal constitutes a "favorable termination" of a medical malpractice proceeding for purposes of a subsequent malicious prosecution action brought against the attorney who had filed the previous malpractice claim. The trial judge found that the malpractice action had been dismissed without consideration of its merits. He held, therefore, that the prior proceeding had not been favorably terminated and dismissed...

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