South Arkansas Petroleum Co. v. Schiesser

36 S.W.3d 317 (2001)

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South Arkansas Petroleum Co. v. Schiesser

Arkansas Supreme Court
36 S.W.3d 317 (2001)

Facts

Dana Schiesser (plaintiff) was the manager at South Arkansas Petroleum Company, Inc. (SAPCO) (defendant). Clint and Jim Johnson were the owners of SAPCO. During about a six-month period, the Johnsons noticed over $7,000 missing. The Johnsons accused Schiesser of stealing the money. However, Schiesser was out of the city for many of the days that the money was recorded as missing, other people were recorded as responsible for the money on many of the days the money was missing, and the amount of money reported missing on some of the days was simply fictitious because the amount reported missing was more than the amount of money that was actually ever available to steal. The Johnsons reported the missing money to a prosecutor using this false information, and Schiesser was taken to trial. Schiesser was acquitted upon the evidence being presented. Schiesser then brought suit against SAPCO for malicious prosecution and abuse of process. The trial court found in favor of Schiesser. SAPCO appealed.

Rule of Law

Issue

Holding and Reasoning (Glaze, J.)

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