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KINTON v. MOBILE HOME INDUSTRIES, INC.

21118

274 S.C. 179 (1980)

262 S.E.2d 727

Dennis KINTON, Appellant-Respondent, v. MOBILE HOME INDUSTRIES, INC., Respondent-Appellant.

Supreme Court of South Carolina.

January 15, 1980.

Attorney(s) appearing for the Case

James C. Cothran, Jr., of King, Cole & Cothran and C. Chester Brown, Jr., Spartanburg, for appellant-respondent.

T. Sam Means, Jr., of Butler, Means, Evins & Browne, Spartanburg, for respondent-appellant.

January 15, 1980.

NESS, Justice:

Respondent Kinton was awarded $93,450 actual and $118,350 punitive damages in a malicious prosecution action against the appellants, Mobile Home Industries, Inc., who asserts the trial court erred in denying its motions for involuntary nonsuit, directed verdict and judgment N.O.V. We agree and reverse.

The provocation for this malicious prosecution action was the swearing out of two warrants, subsequently dismissed...

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