City of Gadsden v. Lawder

Because I believe that the trial court erred by denying Brewer’s motion for directed verdicts on the malicious prosecution and fraud claims, and by denying the City’s motion for a directed verdict on the fraud claim, I must respectfully dissent.

Malicious Prosecution

In this case, there were no material facts in dispute regarding the nature or extent of Lawder’s plumbing work. All parties agreed about what Lawder did. The only dispute was as to whether what he did violated § 34-37-15. In a malicious prosecution action, “[w]hen the facts as they relate to the issue of probable cause are…