Higgins v. Wal-Mart Stores, Inc.

Appeal by Leonard A. Higgins, plaintiff, from a summary judgment for the defendants, Wal-Mart Stores, Inc., and H. David Clark, and from the denial of consent to file a second amended complaint, in plaintiff's action based upon allegations of malicious prosecution, abuse of process, and false arrest. We reverse and remand.

I. The Summary Judgment.

The trial court's order on summary judgment disclosed that court's consideration of the following material:

"All discovery, affidavit of Leonard A. Higgins, deposition of Leonard A. Higgins, deposition of H. David Clark, deposition of Wal-Mart Stores,…