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ROBERTS v. FOOSE

No. 01-98-01440-CV.

7 S.W.3d 311 (1999)

Donna Ellen ROBERTS, Appellant, v. Preston FOOSE, Appellee.

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

December 9, 1999.

Attorney(s) appearing for the Case

Fred M. Bosse, Houston, for appellant.

Kenneth "Kip" Garner, Alan N. Magenheim, Houston, for appellee.

Panel consists of Chief Justice SCHNEIDER and Justices MIRABAL and NUCHIA.

OPINION

MARGARET GARNER MIRABAL, Justice.

This is an appeal by plaintiff, Donna Ellen Roberts, from a take-nothing summary judgment granted in favor of defendant, Deputy Preston Foose, in a malicious prosecution suit. We reverse.

The following facts are undisputed:

(1) On August 13, 1995, plaintiff and her father entered Sam's Wholesale Club, located at 13600 Interstate 10 East, to purchase a computer.

(2) Plaintiff found the computer...

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