EAGLES, Judge.
By his sole assignment of error, plaintiff contends that the trial court erred in dismissing his claim for malicious prosecution pursuant to G.S. 1A-1, Rule 12(b)(6). We disagree.
In an action for malicious prosecution the plaintiff must show that the defendant initiated the earlier proceeding, maliciously and without probable cause, and that the earlier proceeding terminated in plaintiff's favor. Stanback v. Stanback, 297 N.C. 181, ...
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