Pair v. Southern Bell Telephone & Telegraph Co.

Birdsong, Judge.

Plaintiff brought this complaint in two counts, malicious use of process (Count 1) and malicious abuse of process (Count 2). Defendant’s motion for summary judgment was granted as to both counts. Held:

We affirm. To recover for malicious use of process, the following requisite elements must be shown: (1) prosecution of a civil action with malice; (2) such prosecution was without probable cause; (3) a termination of the proceedings in favor of the defendant; and (4) the prosecution of the process caused: (a) arrest of the person; (b) a seizure of his property; or (c) other…