Legal Opinion

Rodriguez v. Rubin

Texas Court of Appeals, 1st District (Houston)

Decided May 21, 1987No. 01-86-0631-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

SAM BASS, Justice.

A jury found that Armando Rodriguez and Rita Rodriguez maliciously prosecuted Marcia Rubin and Sheryl Anspaugh by filing a theft charge. The jury found that the filing of a theft charge constituted libel; that the theft charge was substantially false; that the theft charge was filed with knowledge that it was false or with reckless disregard for whether it was false; and that the filing of theft charges was actuated by malice. Rubin and Anspaugh each recovered $250,000 in actual damages and $3,000 for attorney’s fees for the defense of the theft charge. Rubin and…

2Cases cited5 opinions

  1. Pope v. MooreTexas Supreme Court · 1986
  2. Lane v. Fair Stores, Inc.Texas Supreme Court · 1951
  3. Turner v. PruittTexas Supreme Court · 1961
  4. Roth v. LawCourt of Appeals of Texas · 1979
  5. Bainbridge v. Bainbridge, Texas Court of Appeals, 5th District (Dallas)1983

3Cited by8 opinions

  1. American Paging of Texas, Inc. v. El Paso Paging, Inc., Texas Court of Appeals, 8th District (El Paso)2000
  2. McGough Ex Rel. Wonzer v. First Court of AppealsTexas Supreme Court · 1992
  3. Salley v. Houston Lighting & Power Co., Texas Court of Appeals, 1st District (Houston)1990
  4. Hicks v. Western Funding, Inc., Texas Court of Appeals, 1st District (Houston)1991
  5. Ward v. LubojaskyCourt of Appeals of Texas · 1989

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