Birch/Rea Partners, Inc. v. Regent Bank

Dist. Ct. did not err in granting defendants’ motion for summary judgment in plaintiff’s action, alleging malicious prosecution arising out of defendants’ initial filing and ultimate withdrawal of their state court actions, alleging that plaintiff breached contract and committed professional negligence in generating appraisal of property at $3.23 million, when said property was subsequently appraised at $200,000. While plaintiff claimed that defendants lacked probable cause to file underlying contract/professional negligence claim, Dist. Ct. could properly find that defendants had probable cause to file said action, where, prior to filing said action, defendants had consulted independent appraiser and others who opined that plaintiff had committed several errors when generating its appraisal. Moreover, plaintiff failed to point out existence of any error in report generated by one of defendants' experts that would discredit expert’s report to reasonably intelligent and prudent person. Dist. Ct. also did not err in denying defendants' request for attorney’s fees under Indiana frivolous litigation statute, even though it had prevailed in instant malicious prosecution action, since there was no evidence that plaintiff brought instant action to injure defendant, and since plaintiff made rational argument on merits of malicious prosecution claim.