HORIZON TRADES, INC. v. AUBREY GIVENS ET AL. - Articles

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Posted by: Karen Belcher on Aug 20, 2020

Court: TN Court of Appeals

Attorneys 1: G. Kline Preston IV, Nashville, Tennessee, for the appellant, Horizon Trades, Inc.

Attorneys 2: Richard Glassman and Jonathan Stokes, Memphis, Tennessee, for the appellee, Aubrey Timothy Givens.

Judge(s): MCBRAYER

The defendant in a malicious prosecution action moved to dismiss for failure to state a claim upon which relief can be granted. He contended that the prior suit that engendered the malicious prosecution action was not terminated on its merits. The plaintiff responded that the prior suit was dismissed on multiple grounds and that one of those grounds was on the merits. The trial court agreed with the defendant and granted the motion to dismiss. We do as well and affirm.