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HEWITT v. RICE

No. 05SC81.

154 P.3d 408 (2007)

William W. HEWITT; and Valley Park Apartments, Inc., a Colorado corporation, Petitioners v. Thomas S. RICE; Brian R. Reynolds; and Senter, Goldfarb & Rice, a Colorado limited liability company, Respondents.

Supreme Court of Colorado, En Banc.

March 19, 2007.

Attorney(s) appearing for the Case

William A. Cohan, P.C., William A. Cohan, San Diego, California, Attorneys for Petitioners.

Treece, Alfrey, Musat & Bosworth, P.C., Michael L. Hutchinson, Kathleen M. Byrne, Denver, Colorado, Attorneys for Respondents.

Montgomery Little & McGrew, P.C., Frederick B. Skillern, Greenwood Village, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

The tort of malicious prosecution requires proof that the action allegedly maliciously prosecuted was terminated in favor of the moving party. An ex parte action, however, is exempt from the favorable termination requirement. In Thompson v. Maryland Casualty Co., 84 P.3d 496, 505 (Colo.2004), we left undecided the question whether a lis pendens...

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