[DOWNLOAD] "Luce v. Interstate Adjusters" by Texas Court of Appeals (Civil) " Book PDF Kindle ePub Free
eBook details
- Title: Luce v. Interstate Adjusters
- Author : Texas Court of Appeals (Civil)
- Release Date : January 08, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
REVERSED and RENDERED and Opinion Filed September 8, 2000 OPINION Justice Moseley On the Court's own motion, we issue this nunc pro tunc opinion to correct clerical errors in our August 31, 2000 opinion. The following is now the opinion of the court. Appellee, Interstate Adjusters, Inc. (""IAI""), sued appellant, Stephen ""Buddy"" Luce (""Luce""), for malicious prosecution. The jury found Luce liable and awarded IAI damages. Luce appeals and asserts, among other things, that the evidence was legally insufficient to support a finding that he initiated the suit against IAI with malice. In one cross-point, IAI argues that the court erred in instructing the jury that an essential element of a malicious prosecution cause of action is a finding of ""malice in the commencement of the proceeding."" Because we conclude there was no evidence to support the finding that Luce commenced the suit against IAI with malice, and that the trial court did not err in its instruction to the jury on the element of malice, we reverse the trial court's judgment and render judgment that IAI take nothing by way of its malicious prosecution claim against Luce.
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