Frey v. Stoneman

FELI)MAN, Justice.

The issue in this case is whether a dismissal constitutes a “favorable termination” of a medical malpractice proceeding for purposes of a subsequent malicious prosecution action brought against the attorney who had filed the previous malpractice claim. The trial judge found that the malpractice action had been dismissed without consideration of its merits. He held, therefore, that the prior proceeding had not been favorably terminated and dismissed the malicious prosecution case. The court of appeals affirmed, Frey v. Stoneman, 150 Ariz. 168, 722 P.2d 331 (App.1985). Because…