Foster v. Howeth

OPINION

DON BURGESS, Justice.

Appellant, Donald Foster, sued Appel-lee, Jerry Howeth, for malicious prosecution relating to an incident on May 19, 1999, in which Foster beat Howeth to the point of unconsciousness.

Foster was charged with robbery and the lesser included offense of assault. A jury convicted Foster of the lesser included offense of assault. Foster filed a lawsuit against Howeth for malicious prosecution. The trial court granted Appellee’s Motion for Summary Judgment and entered judgment in favor of Howeth against Foster. It is from this summary judgment that Foster appeals.

We begin…