Hewitt v. Rice (Colo. 2007)
The Colorado Supreme Court held that a malicious prosecution action based upon the filing of a lis pendens requires favorable termination on the merits of the claim underlying the lis pendens. "Favorable termination" is a question of law requiring an action to be resolved on the merits in favor of the party claiming malicious prosecution. The concurring opinion raises the issue of whether the recording of a lis pendens can ever be the basis of a malicious prosecution claim.
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