McKissick v. S. O. A., Inc.

MIKELL, Judge.

Timothy McKissick filed suit alleging malicious prosecution and malicious arrest against S. O. A, Inc. (“SOA”), and its president, Steven Aydelott. The trial court granted summary judgment to SOA and Aydelott on McKissick’s claims. McKissick appeals, arguing that there was no probable cause to support his prosecution for theft by deception. Because we find that genuine issues of fact remain as to the issues of probable cause and malice, we reverse the grant of summary judgment.

On appeal from the grant of a motion for summary judgment, we conduct a de novo review of the law and…