Kelley v. Kelly Residential Group, Inc.

CRANE, Presiding Judge.

Plaintiff homeowners filed an action against their home builder to recover damages for malicious prosecution, arising out of a dismissed lawsuit the braider had filed against them, and trespass, arising out of home builder’s construction of a retaining wall on their property. The jury returned verdicts in favor of the homeowners. However, the trial court entered judgment notwithstanding the verdict (JNOV) in builder’s favor on the homeowners’ trespass claim. Both parties appeal. We affirm the judgment in homeowners’ favor on the malicious prosecution count. We reverse…