Malicious Prosecution — Probable Cause Defeated Claims

Brown v. Trident Wholesale, Inc., Nos. A26A0081, A26A0082, 2026 WL 1736487, __ S.E.2d __ (Ga. Ct. App. June 15, 2026). The court (Doyle, P.J.; Davis, J., and Senior Judge C. Andrew Fuller concur) affirms summary judgment for the defendants in a malicious prosecution action. The court held that an indictment and waiver of a preliminary hearing supply prima facie evidence of probable cause, and the plaintiff's own testimony supported reasonable grounds to believe that offenses were committed. Under the Prophecy rule, contradictory testimony must be construed against the plaintiff. Ms.** 4–6. The court also held that probable cause for one offense arising from a transaction supports probable cause for related charges arising from the same course of conduct. Ms.** 6–8.

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