Larry E. Parrish, et al. v. Robert S. Marquis, et al.

We granted this appeal to determine whether the dismissal of a legal malpractice complaint because it was untimely and for lack of standing constituted a "favorable termination," which is a required element of a malicious prosecution cause of action. The Court of Appeals concluded that the plaintiffs' malicious prosecution claim was based on a favorable termination of the legal malpractice action but granted summary judgment to one defendant after determining there was no genuine issue of material fact as to his involvement in the legal malpractice claim. After reviewing the record and applicable authority, we conclude that the plaintiffs' cause of action for malicious prosecution was not based on a favorable termination because the underlying legal malpractice complaint was dismissed on procedural grounds that did not reflect on the merits. Since both defendants were entitled to summary judgment, the Court of Appeals' judgment is affirmed in part and reversed in part for the reasons stated in this opinion.