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DELCHAMPS, INC. v. LARRY

1910958.

613 So.2d 1235 (1992)

DELCHAMPS, INC. v. William LARRY, Jr.

Supreme Court of Alabama.

Rehearing Denied February 19, 1993.

Attorney(s) appearing for the Case

Bert S. Nettles and J. Mark Hart of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, for appellant.

Margaret L. Lathum of Gordon & Lathum and Herbie Brewer, Birmingham, for appellee.

INGRAM, Justice.

William Larry, Jr., sued Delchamps, Inc., alleging malicious prosecution. The jury returned a verdict in favor of Larry for $30,000 compensatory damages and $100,000 punitive damages. After the court denied its posttrial motion, Delchamps appealed.

The dispositive issue on appeal is whether Larry met his burden of proving the elements of malicious prosecution. Specifically, did Larry prove that Delchamps lacked probable cause to institute...

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