Becker v. Pierce

TYSON, Judge.

Madeline Becker, David D. Becker, John Becker, and John Yahn (collectively, “plaintiffs”) appeal: (1) a grant of summary judgment entered for James H. Pierce (“defendant”) concerning a claim of malicious prosecution; and (2) denial of plaintiffs’ motion for sanctions against defendant. We affirm in part, reverse in part, and remand.

I.Background

In 1996, plaintiffs purchased a home in Gates County, adjacent to property owned by defendant. Sworn statements and testimony by both parties indicated that over the years their relationship became less than amicable.

Defendant was a…