Dovichi v. McCartney CA3
Appellants David J. and Stephanie L. Dovichi (the Dovichis) appeal from a directed verdict disposing of their malicious prosecution claim against respondent Jennifer McCartney (McCartney). This case arose after an unsuccessful suit by Sharon L. and David J. Bendahan (McCartney’s parents), which sought, among other things, a prescriptive easement over a strip of land contained within McCartney’s parents’ fenced backyard and a side yard, approximately 12 inches wide. The trial court dismissed these claims after it found that McCartney had probable cause to join in pursuing her parents’ lawsuit.
We note that, while the action in the trial court involved multiple claims alleging malicious prosecution, the Dovichis’ argument on appeal is limited to whether McCartney had probable cause to pursue the prescriptive easement claim brought by McCartney’s parents and thus we will limit our discussion to that claim.
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