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RODRIGUEZ v. RUBIN

No. 01-86-0631-CV.

731 S.W.2d 141 (1987)

Armando RODRIGUEZ and Rita Rodriguez, Appellants, v. Marcia RUBIN and Sheryl Anspaugh, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

May 21, 1987.

Attorney(s) appearing for the Case

Ramon Cavazos, Houston, for appellants.

Randy Schaffer, Randy Schaffer, P.C., Houston, for appellees.

Before SAM BASS, DUGGAN and LEVY, JJ.

OPINION

SAM BASS, Justice.

A jury found that Armando Rodriguez and Rita Rodriguez maliciously prosecuted Marcia Rubin and Sheryl Anspaugh by filing a theft charge. The jury found that the filing of a theft charge constituted libel; that the theft charge was substantially false; that the theft charge was filed with knowledge that it was false or with reckless disregard for whether it was false; and that the filing of theft charges was actuated by malice....

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