Perry v. Sharber

*224OPINION

CANTRELL, Judge.

In this action for damages for malicious prosecution the trial court granted the defendant’s motion for summary judgment after finding insufficient evidence of malice. The court also' concluded that the grand jury’s failure to indict the defendant (plaintiff here) in the underlying action was not technically a termination in favor of that party. The pertinent facts are set out in the transcript from the trial court, some of which are in dispute.

On September 12, 1984, the plaintiff, A.D. Perry telephoned Raymond Busey regarding some horses that belonged to the defendant,…