Redwine v. Thomas — Eyewitness Account Conclusively Establishes Probable Cause, Defeating Malicious Prosecution Claim at Summary Judgment
The Texas Court of Appeals, Tenth District, affirmed summary judgment for the defendant in a malicious prosecution suit, holding that an eyewitness account received before the police report was filed conclusively established probable cause and negated malice, and that the plaintiff’s evidence of a contentious family relationship failed to raise a fact issue because it did not address the objective reasonableness of the defendant’s belief at the time of the report.