Torts: Malicious Prosecution-Probable Cause for Civil Suit

Staff Report//September 29, 2023//

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Plaintiff appealed the grant of summary judgment for defendants in plaintiff’s malicious prosecution action. Plaintiff argued that there were genuine issues of material fact as to whether defendants had probable cause to file their lawsuit to quiet title by adverse possession or whether the lawsuit was motivated by malice.

Where defendants had failed to state any material facts supporting their reasonable belief that they acquired the subject property by meeting all the elements of adverse possession and plaintiff presented evidence showing that he had given defendants permission to use the property, there were genuine issues of material fact as to whether defendants had probable cause for their lawsuit.

Judgment is reversed and remanded.

Lemon v. Hopkins (MLW No. 80558/Case No. WD85652– 14 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Cass County, Campbell, J. (Patrick A. Hamilton, Lenexa, KS for appellant) (Michelle W. Burns, Olathe, KS for respondents)