Moran v. Klatzke

OPINION

HAIRE, Judge.

This is an appeal from the dismissal without prejudice of appellants’ complaint for malicious prosecution. The dispositive issue on appeal is whether a claim for malicious prosecution accrues at the time the trial court renders its final judgment in the action which forms the basis for the malicious prosecution action notwithstanding a pending appeal from that judgment. By its order of dismissal, the trial court ruled that the claim did not accrue while the appeal was pending.

The action which forms the basis for the malicious prosecution claim was filed in 1980 by…