Warren v. Akins

Pope, Judge.

Plaintiff Randy Warren was arrested when defendant John B. *603Akins swore out a criminal warrant alleging Warren was guilty of theft by taking. Warren was indicted by a grand jury, tried and acquitted of the crime. Warren then brought a civil action against Akins alleging, inter alia, he was liable for malicious prosecution. Warren appeals the grant of summary judgment to Akins on the malicious prosecution claim.

1. At the trial of the criminal case, Akins testified he told Warren he would not swear out a warrant if Warren would pay Akins the money he believed he was owed. However, if…