Section 3.4 Termination of Proceeding in Favor of Malicious Prosecution Plaintiff

• Library: Tort Law 2016

B. (§3.4) Termination of Proceeding in Favor of Malicious Prosecution Plaintiff

"‘Termination in favor of the party bringing the action for malicious prosecution means the final disposition of the cause forming the basis of the action in favor of the party against whom the original action was brought and adversely to the party bringing the original action.’" Joseph H. Held & Assocs., Inc. v. Wolff, 39 S.W.3d 59, 63 (Mo. App. E.D. 2001) (quoting Ruzicka v. Universal Printing Co., 637 S.W.2d 834, 835–36 (Mo. App. E.D. 1982)).

An underlying action is deemed terminated when:

"(1) a final judgment is entered on the merits;

(2) the action is dismissed by the court with prejudice; or

(3) the action is abandoned."

Doyle v. Crane, 200 S.W.3d 581, 586 (Mo. App. W.D. 2006); Arana v. Reed, 793 S.W.2d 224, 226 (Mo. App. W.D. 1990). As discussed in more detail below, an action is abandoned when the party who initiated the case manifests intent to abandon it. Doyle, 200 S.W.3d at 589.

In Held, 39 S.W.3d 59, an accountant and his accounting firm were codefendants in the underlying action. The plaintiffs were a husband and wife. During the course of the underlying case, the husband and wife began divorce proceedings. For this reason, the plaintiffs’ attorneys withdrew from their representation of the husband and advised him to seek another attorney. Subsequently, the husband voluntarily dismissed his claim with prejudice, and the wife obtained a judgment awarding...