CHRISTIAN v. LAPIDUS


833 S.W.2d 71 (1992)

Harold CHRISTIAN and Sue Christian, Plaintiffs-Appellants, v. Charles LAPIDUS, Individually and as Co-Conservator for David King, and the David King Conservatorship, Defendants-Appellees.

Supreme Court of Tennessee, at Nashville.

June 15, 1992.


Attorney(s) appearing for the Case

Robert S. Peters, Swafford, Peters, O'Neal & Priest, Winchester, for plaintiffs-appellants.

George E. Barrett, Barrett, Johnston & Parsley, William L. Harbison, L. Webb Campbell, II, Sherrard & Roe, Nashville, for defendants-appellees.


OPINION

DROWOTA, Justice.

In this case of first impression, we must decide whether abandonment of a civil action constitutes a final, favorable termination so as to commence the running of the statute of limitation for malicious prosecution. The trial court granted summary judgment for Defendants, finding Plaintiffs' suit time-barred. The Court of Appeals affirmed. For the reasons stated below, we affirm.

On April 15, 1986, Defendants Charles Lapidus...

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