Haile v. Pittman

I respectfully dissent and would hold that, on the state of the record at this stage, plaintiffs are entitled to a trial.

1. Monroe v. Sigler, 256 Ga. 759 (353 SE2d 23) (1987) is not controlling in the circumstances of this litigation on the claim of malicious prosecution. One of the elements of this cause of action is that the criminal prosecution by defendant was without probable cause. OCGA § 51-7-40; J. C. Penney Co., Inc. v. Miller, 182 Ga. App. 64, 66 (2) (354 SE2d 682) (1987). As quoted in Monroe, supra at 760, plaintiff must show “ ‘that under the facts as they appeared to the…