Brown v. Parrata Sales, Inc.

GUITTARD, Justice.

Freddie Jean Brown sued Parrata Sales, Inc. and its president, Glenn Hughes, for malicious prosecution arising from plaintiff’s arrest on a charge of passing a worthless check.1 The trial court granted defendants’ motion for summary judgment, and plaintiff appeals on the ground that a fact issue was presented as to whether defendants had probable cause for initiating the criminal prosecution. We reverse and remand.

The principal question is whether defendants have established probable cause as a matter of law by showing that plaintiff failed to pay the amount of the check…