Withem v. Underwood

OPINION

In this malicious prosecution case, Joe Underwood sought damages from Dillard’s Department Store and its employee, William Withem. Counsel for Dillard’s filed answers on behalf of both defendants, although With-em’s whereabouts were unknown. Later, the trial court granted Dillard’s motion for summary judgment but struck Withem’s pleadings and granted Underwood’s motion for partial summary judgment on liability. Withem did not appear at the trial on damages, and the trial court rendered judgment against him for $633,158.75. The attorney who had filed Withem’s answer next filed a…