Cox v. Klein

SHIVERS, Chief Judge.

Appellant Cox appeals a final order dismissing with prejudice his actions for libel and malicious prosecution. We affirm the dismissal with prejudice of the libel count and reverse the dismissal with prejudice of the malicious prosecution count and remand with directions to enter an order of dismissal without prejudice.

In 1980, Haynes Enterprises, Inc. (Haynes) contracted with Bess Building and Management Company (Bess) through Bess’s agent, appellee Klein, to repair damage from a kitchen fire at property owned by Bess. Subsequently, Haynes’s attorney, appellant Cox,…