Wittmeier v. Gall

WOLLMAN, Chief Justice.

Plaintiffs and appellants (Wittmeiers) appeal from the trial court’s entry of summary judgment in favor of defendants and appellees (Galls). We affirm.

In 1979 the Galls initiated a lawsuit seeking to prevent the Wittmeiers from draining surface waters from the Wittmeiers’ land over the Galls’ land. This lawsuit was terminated in favor of the Wittmeiers.

The Wittmeiers then started this action for malicious prosecution, seeking to recover the costs they had incurred in defending the action initiated by the Galls. Their complaint alleged that the Galls’ action was…