ESQUIVEL v. WATSON

No. D-1734.

823 S.W.2d 589 (1992)

Cynthia E. ESQUIVEL, Petitioner, v. Patricia R. WATSON and Kristi Watson d/b/a Watson Management, Respondents.

Supreme Court of Texas.

Rehearing Overruled March 4, 1992.


Attorney(s) appearing for the Case

Charles J. Paternostro, G. Wayne Jackson, Dallas, for petitioner.

M. Steve Nagle, Craig D. Nyhus, Robert R. Roby, Dallas, for respondents.


PER CURIAM.

This case presents the issue of whether a person's admission that there were insufficient funds to cover a check when written defeats the "without probable cause" element of a malicious prosecution action in the absence of proof of delivery of the check with intent to defraud. Cynthia Esquivel (Esquivel) and her two daughters rented a house managed by the Watson Management Company (WMC). After having fallen behind in her rent Esquivel wrote WMC a check...

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