Timeplan Loan & Investment Corp. v. Colbert

Hall, Judge.

“Malicious use of legal process is where a plaintiff in a civil proceeding employs the court’s process in order to execute the object which the law intends for such a process to subserve, but proceeds maliciously and without probable cause. In a suit for damages growing out of such malicious use of process, it must appear that the previous litigation has been finally terminated against the plaintiff therein.” Baldwin v. Davis, 188 Ga. 587, 588 (4 SE2d 458); McElreath v. Gross, 23 Ga. App. 287 (1) (98 SE 190); 3 Restatement of Torts § 677. The three elements of the action are “. .…