Long v. Bogaert

Appellants raise two issues in this appeal from a judgment for compensatory and punitive damages in an action for malicious prosecution and defamation.

The first issue raised was whether a judicial finding of probable cause after ap-*681pellee’s arrest foreclosed an action for malicious prosecution. This issue was not before the trial court on the motion for directed verdict and, therefore, has not been preserved for appeal. Without commentary on its effect, we note that the issue, as stated, misstates the fact. The judicial probable cause determination relied on by appellants was made prior to…