Orr v. Belk Lindsey Stores, Inc.

ORFINGER, Judge.

Plaintiffs appeal from a summary final judgment entered against them in their malicious prosecution action.1 Because material issues of fact remain for resolution, we reverse.

The essence of plaintiffs’ complaint was that the defendant’s agents had maliciously given false information to the authorities that plaintiff Joan Orr was a known shoplifter and that she had stolen a coat from defendant’s store. On the basis of this false information, she was arrested and prosecuted for shoplifting, and was subsequently acquitted by a jury. Following our remand in the first appeal, (Orr…