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21 Georgia opinions name it 1 courts 1983–2026 3 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wal-Mart Stores, Inc. v. Blackfordgreen2 sentences2013The six essential elements of a malicious prosecution claim are “(1) prosecution for a criminal offense; (2) instigated without probable cause; (3) with malice; (4) under a valid warrant, accusation or summons; (5) which has terminated favorably to the plaintiff; and (6) has caused damage to the plaintiff.” Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994). 2013The six essential elements of a malicious prosecution claim are “(1) prosecution for a criminal offense; (2) instigated without probable cause; (3) with malice; (4) under a valid warrant, accusation or summons; (5) which has terminated favorably to the plaintiff; and (6) has caused damage to the plaintiff.” Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994). | 3 | 3 |
Desmond v. Troncalli Mitsubishigreen2 sentences2024Moreover, claims for false arrest and malicious prosecution “may successfully be defended by an uncontroverted affidavit of the arresting officer that the decision to arrest [the] plaintiff was made solely by him in the exercise of his 40 Desmond v. Troncalli Mitsubishi, 243 Ga. App. 71, 74 (2) ( 532 SE2d 463 ) (2000). 41 OCGA § 51-7-1. 42 See Hardee’s Food Systems, Inc. v. Hall, 184 Ga. App. 586, 589 (5) ( 362 SE2d 143 ) (1987) (“In order to prevail on a malicious prosecution claim, the plaintiff must show (1) a prosecution instituted maliciously and (2) without probable cause which (3) has t 2024Moreover, claims for false arrest and malicious prosecution “may successfully be defended by an uncontroverted affidavit of the arresting officer that the decision to arrest [the] plaintiff was made solely by him in the exercise of his 40 Desmond v. Troncalli Mitsubishi, 243 Ga. App. 71, 74 (2) ( 532 SE2d 463 ) (2000). 41 OCGA § 51-7-1. 42 See Hardee’s Food Systems, Inc. v. Hall, 184 Ga. App. 586, 589 (5) ( 362 SE2d 143 ) (1987) (“In order to prevail on a malicious prosecution claim, the plaintiff must show (1) a prosecution instituted maliciously and (2) without probable cause which (3) has t | 2 | 2 |
K-Mart Corp. v. Cokergreen2 sentences2024In fact, the trial court did not even mention or acknowledge the requisite elements of any charged offense.23 Significantly, the lack of probable cause is the most important element of a malicious- prosecution claim.24 Needless to say, we are a court of review, “not of first view.”25 Put another way, this is a Court for the correction of errors of law; and if “the trial court has not ruled on an issue, we will not address it.”26 As a result, under the foregoing circumstances, 23 A finding of probable cause as to “one related offense arising from the same transaction is a binding determination 1995K-Mart Corp. v. Coker, 261 Ga. 745, 746 , 410 S.E.2d 425 (1991); El-Amin v. Trust Co. Bank, 171 Ga.App. 35, 37 , 318 S.E.2d 655 (1984); OCGA § 51-7-40. | 2 | 2 |
Remeneski v. Klinakisgreen2 sentences2024In fact, the trial court did not even mention or acknowledge the requisite elements of any charged offense.23 Significantly, the lack of probable cause is the most important element of a malicious- prosecution claim.24 Needless to say, we are a court of review, “not of first view.”25 Put another way, this is a Court for the correction of errors of law; and if “the trial court has not ruled on an issue, we will not address it.”26 As a result, under the foregoing circumstances, 23 A finding of probable cause as to “one related offense arising from the same transaction is a binding determination 2024In fact, the trial court did not even mention or acknowledge the requisite elements of any charged offense.23 Significantly, the lack of probable cause is the most important element of a malicious- prosecution claim.24 Needless to say, we are a court of review, “not of first view.”25 Put another way, this is a Court for the correction of errors of law; and if “the trial court has not ruled on an issue, we will not address it.”26 As a result, under the foregoing circumstances, 23 A finding of probable cause as to “one related offense arising from the same transaction is a binding determination | 2 | 2 |
Renton v. Watsongreen2 sentences2016As the fourth element makes clear, to be actionable as a malicious prosecution under our precedents, an attempt to have someone prosecuted must result in the issuance of a valid warrant, summons, accusation, or other formal process.5 For purposes of determining when the statute of limitation begins to run, “[t]he criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues.”6 5 Renton v. Watson, 319 Ga. App. 896, 898 (1) ( 739 SE2d 19 ) (2013) (citing OCGA § 51-7-40) (punctuation and citations omitted) 2016As the fourth element makes clear, to be actionable as a malicious prosecution under our precedents, an attempt to have someone prosecuted must result in the issuance of a valid warrant, summons, accusation, or other formal process.5 For purposes of determining when the statute of limitation begins to run, “[t]he criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues.”6 5 Renton v. Watson, 319 Ga. App. 896, 898 (1) ( 739 SE2d 19 ) (2013) (citing OCGA § 51-7-40) (punctuation and citations omitted) | 2 | 2 |
Swift v. Witchardgreen2 sentences2013See Swift, 103 Ga. at 193 (2) (noting that “there must at least have been an arrest and an inquiry before a committing court,” before a malicious prosecution claim is actionable) (emphasis supplied). 2013See Swift, 103 Ga. at 193 (2) (noting that “there must be at least have been an arrest, and an inquiry before a committing court,” before a malicious prosecution claim is actionable) (emphasis supplied). | 2 | 2 |
Page v. Citizens Banking Co.green2 sentences2013See Wal-Mart Stores, 264 Ga. at 613 (setting out six elements of a malicious prosecution claim); Page v. Citizens Banking Co., 111 Ga. 73, 84 (4) ( 36 SE 418 ) (1900) (inquiry before a “committing court” amounts to a “prosecution”). 2013See Wal-Mart Stores, 264 Ga. at 613 (setting out six elements of a malicious prosecution claim); Page v. Citizens Banking Co., 111 Ga. 73, 84 (4) ( 36 SE 418 ) (1900) (inquiry before a “committing court” amounts to a “prosecution”). | 2 | 2 |
McNeely v. Home Depot, Inc.green2 sentences2013Renton relies upon McNeely v. Home Depot, 275 Ga. App. 480, 482 ( 621 SE2d 473 ) (2005), as authority for the proposition that a malicious prosecution claim can be brought so long as the plaintiff is required to appear before a court. 2013Renton relies upon McNeely v. Home Depot, 275 Ga. App. 480, 482 ( 621 SE2d 473 ) (2005), as authority for the proposition that a malicious prosecution claim can be brought so long as the plaintiff is required to appear before a court. | 2 | 2 |
Ellis v. Knowlesgreen2 sentences1992Held: Of the six elements of a malicious prosecution claim stated in such cases as Commerical Plastics &c. of Ga. v. Molen, 182 Ga. App. 202 ( 355 SE2d 86 ) and Ellis v. Knowles, 90 Ga. App. 40 ( 81 SE2d 884 ), we are concerned primarily with whether there is any evidence showing malice and want of probable cause. “[I]n determining the existence vel non of malice and of probable cause, Georgia law makes a distinction between a prosecution in which the one who has summoned law enforcement officers ‘merely states what he believes, leav ing the decision to prosecute entirely to the uncontrolled d 1992Held: Of the six elements of a malicious prosecution claim stated in such cases as Commerical Plastics &c. of Ga. v. Molen, 182 Ga. App. 202 ( 355 SE2d 86 ) and Ellis v. Knowles, 90 Ga. App. 40 ( 81 SE2d 884 ), we are concerned primarily with whether there is any evidence showing malice and want of probable cause. “[I]n determining the existence vel non of malice and of probable cause, Georgia law makes a distinction between a prosecution in which the one who has summoned law enforcement officers ‘merely states what he believes, leav ing the decision to prosecute entirely to the uncontrolled d | 1 | 2 |
Barnette v. Coastal Hematology & Oncology, P.C.green1 sentence2024In fact, the trial court did not even mention or acknowledge the requisite elements of any charged offense.23 Significantly, the lack of probable cause is the most important element of a malicious- prosecution claim.24 Needless to say, we are a court of review, “not of first view.”25 Put another way, this is a Court for the correction of errors of law; and if “the trial court has not ruled on an issue, we will not address it.”26 As a result, under the foregoing circumstances, 23 A finding of probable cause as to “one related offense arising from the same transaction is a binding determination | 1 | 1 |
Franklin v. Consolidated Government of Columbusgreen2 sentences2024Gov’t of Columbus, Ga., 236 Ga. App. 468, 470 (1) ( 512 SE2d 352 ) (1999). 11 Here, the Trident appellants contend the trial court incorrectly analyzed key elements and associated principles of a malicious-prosecution claim. 2024Gov’t of Columbus, Ga., 236 Ga. App. 468, 470 (1) ( 512 SE2d 352 ) (1999). 11 Here, the Trident appellants contend the trial court incorrectly analyzed key elements and associated principles of a malicious-prosecution claim. | 1 | 1 |
Pfeiffer v. Georgia Department of Transportationgreen2 sentences2024In fact, the trial court did not even mention or acknowledge the requisite elements of any charged offense.23 Significantly, the lack of probable cause is the most important element of a malicious- prosecution claim.24 Needless to say, we are a court of review, “not of first view.”25 Put another way, this is a Court for the correction of errors of law; and if “the trial court has not ruled on an issue, we will not address it.”26 As a result, under the foregoing circumstances, 23 A finding of probable cause as to “one related offense arising from the same transaction is a binding determination 2024In fact, the trial court did not even mention or acknowledge the requisite elements of any charged offense.23 Significantly, the lack of probable cause is the most important element of a malicious- prosecution claim.24 Needless to say, we are a court of review, “not of first view.”25 Put another way, this is a Court for the correction of errors of law; and if “the trial court has not ruled on an issue, we will not address it.”26 As a result, under the foregoing circumstances, 23 A finding of probable cause as to “one related offense arising from the same transaction is a binding determination | 1 | 1 |
Hardee's Food Systems, Inc. v. Hallgreen2 sentences2024Moreover, claims for false arrest and malicious prosecution “may successfully be defended by an uncontroverted affidavit of the arresting officer that the decision to arrest [the] plaintiff was made solely by him in the exercise of his 40 Desmond v. Troncalli Mitsubishi, 243 Ga. App. 71, 74 (2) ( 532 SE2d 463 ) (2000). 41 OCGA § 51-7-1. 42 See Hardee’s Food Systems, Inc. v. Hall, 184 Ga. App. 586, 589 (5) ( 362 SE2d 143 ) (1987) (“In order to prevail on a malicious prosecution claim, the plaintiff must show (1) a prosecution instituted maliciously and (2) without probable cause which (3) has t 2024Moreover, claims for false arrest and malicious prosecution “may successfully be defended by an uncontroverted affidavit of the arresting officer that the decision to arrest [the] plaintiff was made solely by him in the exercise of his 40 Desmond v. Troncalli Mitsubishi, 243 Ga. App. 71, 74 (2) ( 532 SE2d 463 ) (2000). 41 OCGA § 51-7-1. 42 See Hardee’s Food Systems, Inc. v. Hall, 184 Ga. App. 586, 589 (5) ( 362 SE2d 143 ) (1987) (“In order to prevail on a malicious prosecution claim, the plaintiff must show (1) a prosecution instituted maliciously and (2) without probable cause which (3) has t | 1 | 1 |
Day Realty Associates, Inc. v. McMillangreen2 sentences2024In fact, the trial court did not even mention or acknowledge the requisite elements of any charged offense.23 Significantly, the lack of probable cause is the most important element of a malicious- prosecution claim.24 Needless to say, we are a court of review, “not of first view.”25 Put another way, this is a Court for the correction of errors of law; and if “the trial court has not ruled on an issue, we will not address it.”26 As a result, under the foregoing circumstances, 23 A finding of probable cause as to “one related offense arising from the same transaction is a binding determination 2024In fact, the trial court did not even mention or acknowledge the requisite elements of any charged offense.23 Significantly, the lack of probable cause is the most important element of a malicious- prosecution claim.24 Needless to say, we are a court of review, “not of first view.”25 Put another way, this is a Court for the correction of errors of law; and if “the trial court has not ruled on an issue, we will not address it.”26 As a result, under the foregoing circumstances, 23 A finding of probable cause as to “one related offense arising from the same transaction is a binding determination | 1 | 1 |
Valades v. Uslugreen2 sentences2016As the fourth element makes clear, to be actionable as a malicious prosecution under our precedents, an attempt to have someone prosecuted must result in the issuance of a valid warrant, summons, accusation, or other formal process.5 For purposes of determining when the statute of limitation begins to run, “[t]he criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues.”6 5 Renton v. Watson, 319 Ga. App. 896, 898 (1) ( 739 SE2d 19 ) (2013) (citing OCGA § 51-7-40) (punctuation and citations omitted) 2016As the fourth element makes clear, to be actionable as a malicious prosecution under our precedents, an attempt to have someone prosecuted must result in the issuance of a valid warrant, summons, accusation, or other formal process.5 For purposes of determining when the statute of limitation begins to run, “[t]he criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues.”6 5 Renton v. Watson, 319 Ga. App. 896, 898 (1) ( 739 SE2d 19 ) (2013) (citing OCGA § 51-7-40) (punctuation and citations omitted) | 1 | 1 |
Melvin Alan Wood v. Michael Kesler, individually and in his capacity as an Alabama State Trooper, Brian Jonesgreen1 sentence2015The common law elements of a malicious prosecution claim under Georgia law are: “(1) a criminal prosecution instituted or continued by the present defendant; (2) with malice and without probable cause; (3) that terminated in the plaintiff accused’s favor; and (4) caused damage to the plaintiff accused.” (Citations and footnote omitted.) Id. at 882 (III) (C); see also Gooch v. Tudor, 296 Ga. App. 414, 416 (1) ( 674 SE2d 331 ) (2009). | 1 | 1 |
Lau's Corp., Inc. v. Haskinsgreen2 sentences2015OCGA § 9-11-56; Lau’s Corp. v. Haskins, 261 Ga. 491, 491 ( 405 SE2d 474 ) (1991) (defendant entitled to summary judgment by showing no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case). 2015OCGA § 9-11-56; Lau’s Corp. v. Haskins, 261 Ga. 491, 491 ( 405 SE2d 474 ) (1991) (defendant entitled to summary judgment by showing no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case). | 1 | 1 |
Gooch v. Tudorgreen2 sentences2015The common law elements of a malicious prosecution claim under Georgia law are: “(1) a criminal prosecution instituted or continued by the present defendant; (2) with malice and without probable cause; (3) that terminated in the plaintiff accused’s favor; and (4) caused damage to the plaintiff accused.” (Citations and footnote omitted.) Id. at 882 (III) (C); see also Gooch v. Tudor, 296 Ga. App. 414, 416 (1) ( 674 SE2d 331 ) (2009). 2015The common law elements of a malicious prosecution claim under Georgia law are: “(1) a criminal prosecution instituted or continued by the present defendant; (2) with malice and without probable cause; (3) that terminated in the plaintiff accused’s favor; and (4) caused damage to the plaintiff accused.” (Citations and footnote omitted.) Id. at 882 (III) (C); see also Gooch v. Tudor, 296 Ga. App. 414, 416 (1) ( 674 SE2d 331 ) (2009). | 1 | 1 |
Graham v. Connorgreen1 sentence2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 1 |
Delong v. Domenicigreen2 sentences2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi 2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 1 |
Selvy v. Morrisongreen2 sentences2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi 2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 1 |
Daniel v. Georgia Railroad Bank & Trust Co.green2 sentences2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi 2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 1 |
Cameron v. Langgreen2 sentences2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi 2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 1 |
Ayala v. Sherrergreen2 sentences2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi 2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 1 |
Banta v. QUIK-THRIFT FOOD STORES, INC.green2 sentences2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi 2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 1 |
Monroe v. Siglergreen2 sentences2000See Monroe v. Sigler, 256 Ga. 759, 761 (6) ( 353 SE2d 23 ). 2000See Monroe v. Sigler, 256 Ga. 759, 761 (6) ( 353 SE2d 23 ). | 1 | 1 |
Waters v. Winngreen2 sentences1996See Waters v. Winn, 142 Ga. 138, 141 ( 82 SE 537 ) (1914); see also Prosser, Law of Torts, pp. 839-840, § 119 (4th ed. 1971). 1996See Waters v. Winn, 142 Ga. 138, 141 ( 82 SE 537 ) (1914); see also Prosser, Law of Torts, pp. 839-840, § 119 (4th ed. 1971). | 1 | 1 |
| Wheels & Brakes, Inc. v. Capital Ford Truck Sales, Inc.green | 1 | 1 |
| El-Amin v. Trust Co. Bankgreen | 1 | 1 |
| Smith v. Trust Co. Bankgreen | 1 | 1 |
| Parks v. Norred & Associates, Inc.green | 1 | 1 |
| Melton v. LaCalamitogreen | 1 | 1 |
| Atlantic Zayre, Inc. v. Meeksgreen | 1 | 1 |
| McCord v. Jonesgreen | 1 | 1 |
| American Plan Corp. v. Beckhamgreen | 1 | 1 |
| Spratlin v. Manufacturers Acceptance Corp.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Biven Software, Inc. v. Newman
green
1 sentence2026In the context of a malicious prosecution claim, if there is probable cause, the filing of charges is “not outrageous.” Id. at 115 . | 1 | 2026–2026 |
Tittle v. Corso
green
2 sentences2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi 2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 2009–2009 |
Gardner v. Rogers
green
2 sentences2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi 2009See Ayala v. Sherrer, 234 Ga. 112, 113 ( 214 SE2d 548 ) (1975) (this statute “requires that the criminal prosecution must have terminated, favorably to the person prosecuted, before the right of action for malicious prosecution accrues”). 9 (Citation omitted.) Banta v. Quik-Thrift Food Stores, 187 Ga. App. 250, 251 (2) ( 370 SE2d 3 ) (1988). 10 255 Ga. 29 ( 334 SE2d 659 ) (1985). 11 Id. at 31 . 12 Id. 13 See Wal-Mart Stores v. Blackford, 264 Ga. 612, 613 ( 449 SE2d 293 ) (1994) (the elements essential to a malicious prosecution claim pursuant to OCGA § 51-7-40 are: “(1) prosecution for a crimi | 1 | 2009–2009 |
| Laster v. Star Rental, Inc. green | 1 | 1996–1996 |
| Commercial Plastics & Supply Corp. v. Molen green | 1 | 1992–1992 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.