Mrmich v. Switzer

This is an appeal by the defendants Helen E. Mrmich and Darko Mrmich from a final judgment entered upon an adverse jury verdict in a malicious prosecution action. We affirm the final judgment under review based on the following briefly stated legal analysis.

First, the trial court did not abuse its discretion, as urged, in denying the defendants’ motion to amend their answer to assert the affirmative defense of advice of counsel. The motion was made at the outset of the trial below after the action had been pending for nearly five years; no valid excuse was offered below for waiting this long…