Legal Opinion

Miskew v. Hess

Court of Appeals of Kansas

Decided January 26, 1996No. 72,298PublishedCited by 10 opinions

1Opinion of the Court

Green, J.:

Dr. Don B. W. Miskew appeals from summary judgment granted in favor of Lynn Johnson in Dr. Miskew’s malicious prosecution claim. On appeal, Dr. Miskew contends that the trial court inappropriately granted summary judgment because genuine issues of material fact remained on three of the essential elements of his malicious prosecution claim. We disagree, holding that any factual disputes were not material to Dr. Miskew’s claim and that Dr. Miskew failed to prove all of the required elements for a valid malicious prosecution action. Dr. Miskew also argues that the trial court lacked…

2Cases cited30 opinions

  1. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
  2. Lackner v. LaCroixCalifornia Supreme Court · 1979
  3. State v. GrissomSupreme Court of Kansas · 1992
  4. Nelson v. MillerSupreme Court of Kansas · 1980
  5. Mitzner Ex Rel. Bishop v. State, Kansas Department of Social & Rehabilitation ServicesSupreme Court of Kansas · 1995

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3Cited by10 opinions

  1. Parrish v. MarquisTennessee Supreme Court · 2005
  2. Vanover v. CookCourt of Appeals for the Tenth Circuit · 2001
  3. Butler Ex Rel. Commerce Bank, N.A. v. HCA Health Services of Kansas, Inc.Court of Appeals of Kansas · 1999
  4. Palmer Development Corp. v. GordonSupreme Judicial Court of Maine · 1999
  5. Holick v. BurkhartDistrict Court, D. Kansas · 2019

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