Roberts v. Foose

OPINION

MARGARET GARNER MIRABAL, Justice.

This is an appeal by plaintiff, Donna Ellen Roberts, from a take-nothing summary judgment granted in favor of defendant, Deputy Preston Foose, in a malicious prosecution suit. We reverse.

The following facts are undisputed:(1) On August 13,1995, plaintiff and her father entered Sam’s Wholesale Club, located at 13600 Interstate 10 East, to purchase a computer.(2) Plaintiff found the computer she wanted and agreed to make the purchase.(3) Plaintiff already had one type of Sam’s card known as a “Plus 5” card, but she applied for an “Advantage” card while in…