Jim Toyne, Inc. v. Adams

SPINDEN, Judge.

Jim Toyne, Inc., sued the law firm of Watson, Ess, Marshall & Enggas and one of its *382partners, Phillip J. Adams, Jr.,1 for malicious prosecution of a lawsuit against Toyne in 1988. That first lawsuit ended in 1992 when the plaintiff dismissed it. Toyne responded later that year with this action. The circuit court granted Adams’ motion for a directed verdict at the close of Toyne’s case on the ground that Toyne had not established a submissible case. We reverse and remand for a new trial.

Adams filed the underlying lawsuit on October 28, 1988, in federal court on behalf of…