Ellis County State Bank, Tracy Fletcher, John A. Hastings, Jr., and Don Harris, Petitioners v. Glenn Keever, Respondent

Summary

The Texas Supreme Court held that malicious prosecution claims are proved by a preponderance of the evidence, that prejudgment interest may not be awarded on punitive damages, and that the Court of Appeals must reconsider the punitive damage award using the standards set out in Transportation Insurance Co. v. Moriel. The Court affirmed liability for actual damages, reversed the denial of prejudgment interest, and remanded for punitive‑damage review. Justice Hecht, concurring in part and dissenting in part, and Justice Doggett, concurring in part and dissenting in part, filed separate opinions contesting the sufficiency of the evidence and the prejudgment‑interest rule respectively.