Zess v. Funke

OPINION

JOHN HILL, Justice

(Assigned).

John E. Zess appeals from a summary judgment that he take nothing in his malicious prosecution case against Richard T. Funke II, C.C. Southern, Inc., P.A.M. Transport, Inc., and Central Transport, Inc. He contends in a single point of error that the trial court erred in granting the summary judgment.

We affirm because the summary judgment evidence shows as a matter of law that the appellees had probable cause in connection with the bringing of criminal charges against Zess, and, consequently, that they acted without malice in connection with the bringing of…