KT Bolt Manufacturing Co. v. Texas Electric Cooperatives, Inc.

OPINION

BURGESS, Justice.

This is an appeal from the granting of a summary judgment. We affirm in part and reverse and remand in part.

On February 8, 1982, Texas Electric Cooperatives, Inc. (Texas Electric) filed suit against KT Bolt Manufacturing Co., (KT Bolt). On July 31, 1989, Texas Electric voluntarily non-suited its suit against KT Bolt. On October 15, 1990, KT Bolt filed suit against Texas Electric for malicious prosecution. Texas Electric filed its motion for summary judgment on December 11, 1990. On January 10, 1991, KT Bolt filed a second amended petition alleging malicious prosecution…