Deatherage v. Walker

This is a consolidated appeal by two defendants in two malicious prosecution cases which were consolidated for trial purposes with separate jury verdicts in favor of the plaintiff.

SUMMARY JUDGMENT

The defendants each contend that the trial court erred in denying their separate motions for a summary judgment with supporting affidavits. The plaintiff made and filed opposing affidavits in each case indicating a factual dispute. The circuit judge overruled each motion. "A motion for summary judgment may be granted only when there is no genuine issue as to a material fact and the movant is entitled…