Smith v. Lewis

Miller, Judge.

Marjorie and Tiffani Smith filed a complaint against Nancy Lewis for malicious prosecution. They now appeal the trial court’s grant of summary judgment in favor of Lewis. Since the Smiths failed to establish the elements necessary to sustain an action for malicious prosecution, we hold that summary judgment was proper and affirm.

Under OCGA § 9-11-56 (c), to prevail the moving party must demonstrate that there is no genuine issue of material fact and that the.undisputed facts, viewed in the light most favorable to the non-moving party, warrant judgment as a matter of law. Lau’s…