Ellis County State Bank v. Keever

HIGHTOWER, DOGGETT, GAMMAGE and SPECTOR, JJ., join in sections III and IV. PHILLIPS, C.J., and HECHT, CORNYN and ENOCH, JJ., join in sections V and VI.

The motions for rehearing are overruled. The opinions of the Court previously issued in this case are withdrawn and the following are substituted in their place.

In this action for malicious prosecution, we determine that the ordinary burden of proof by a preponderance of the evidence remains appropriate rather than the more extraordinary burden of clear and convincing evidence; we hold that the plaintiff is not entitled to prejudgment interest…