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NO. COA11-651 NORTH CAROLINA COURT OF APPEALS Filed: 1 May 2012 THE NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. CULLY'S MOTORCROSS PARK, INC., and LAURIE VOLPE Defendants-Appellees. Wilson County No. 09 CVS 974

1.

Malicious Prosecution -- initiation of competent evidence to support determination

proceedings

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The trial court did not err in a malicious prosecution counterclaim by concluding that plaintiff initiated proceedings against defendant. There was competent evidence in the record to support the trial court's determination that except for the efforts of plaintiff, it was unlikely that there would have been a criminal prosecution of defendant. 2. Malicious Prosecution -- probable cause for prosecution -- lacking The trial court did not err in a counterclaim for malicious prosecution by finding probable cause lacking to criminally charge defendant with obtaining property by false pretenses. There was competent evidence in the record for the trial court to conclude that a reasonable person would not have believed defendant was hiding information that she had already provided to plaintiff. 3. Malicious Prosecution -- immunity -- actual malice required -- malice inferred from lack of probable cause not

The trial court did not err in a malicious prosecution counterclaim by failing to find that plaintiff was immune from civil liability. N.C.G.S.

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North Carolina Law