McKee v. Wilmarth

BERREY, Judge.

Plaintiffs Gale and Mike McKee appeal from a grant of a summary judgment for defendants Harold and Neill Wilmarth on their malicious prosecution action in which the trial court found plaintiffs’ cause of action barred by collateral estoppel because of an earlier final judgment involving plaintiff, Mike McKee and defendants’ employer, Farmer’s Elevator Company. This court affirms in part and reverses in part.

The controversy revolves around a scale ticket from Farmer’s Elevator Company for 302 bushels of soybeans. In plaintiffs’ petition, “Technical Changes of the Seconded Amended…