Goodell v. Eberhardy

JAMES T. CARLISLE, Judge.

Plaintiff sued défetidant for malicious prosecution alleging that the prior civil suit was voluntarily dismissed by defendant. Defendant moved to dismiss on the ground that pursuant to F. R. C. P. Rule 7.110(1) (i) defendant had a right to dismiss the prior action and that such voluntary dismissal did not constitute a termination in plaintiff’s favor.

A prerequisite to the successful maintenance of an action for malicious prosecution is the termination of the original proceeding in favor of the plaintiff. The issue in this case is whether a voluntary dismissal of a…