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Torts — malicious prosecution — dismissal
By: WISCONSIN LAW JOURNAL STAFF//July 3, 2013//
Listen to this articleWisconsin Court of Appeals
Civil
Torts — malicious prosecution — dismissal
Scott Hambly appeals from an order dismissing his small claims action against Kristofer M. Lewis. Hambly previously appealed the dismissal of the same small claims action. We construed his complaint as stating a claim for malicious prosecution and reversed. See Hambly v. Lewis, No. 2012AP710, unpublished slip op. ¶1 (WI App Aug. 15, 2012). On remand, Lewis moved to dismiss. At the motion hearing, Hambly agreed that the court had found probable cause in the underlying criminal case. The circuit court dismissed Hambly’s complaint for failure to state a claim upon which relief can be granted. We affirm. This opinion will not be published.
Dist II, Washington County, Williams, J., Neubauer, P.J.
Attorneys: For Appellant: Hambly, Scott, pro se; For Respondent: Hetzel, Ryan J., West Bend
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