Mullen v. Dayringer

TURNAGE, Presiding Judge.

Richard Dayringer filed suit against Leo Mullen and his wife, Dolores, for damages arising from the malicious prosecution of a civil suit. The jury returned a verdict in favor of Dayringer against both Mullens for $35,960 actual damages and $100,000 punitive damages against Leo and $25,000 in punitive damages against Dolores. The court struck the $25,000 in punitive damages against Dolores and entered judgment on the remainder of the verdict.

On this appeal Leo and Dolores raise a number of points including the submissibility of the case, error in instructions, error…