ROBERTS v. FEDERAL EXP. CORP.


842 S.W.2d 246 (1992)

Richard J. ROBERTS, and Elizabeth A. Roberts, Plaintiffs-Appellants, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

September 14, 1992.


Attorney(s) appearing for the Case

Larry E. Parrish, Robert P. Campbell, Jr., Memphis, for plaintiffs-appellants.

Charles W. Hill, Robert B.C. Hale, Waring Cox, Memphis, Robert C. Von Ohlen, Jr., John B. Austin, Adler, Kaplan & Begy, Chicago, Ill., James R. Mulroy, Federal Exp. Corp., Memphis, for defendant-appellee.


OPINION

DROWOTA, Justice.

This malicious prosecution action involves the question of whether Defendant had probable cause to institute criminal proceedings against Plaintiff. The trial court granted Defendant's motion for summary judgment, finding, on the undisputed facts, that Defendant had probable cause for instituting prosecution. In so holding, the trial court recognized that, under existing precedent, the ultimate determination of probable cause is...

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