Facts

The underlying case arose when defendant Highwinds Network Group Inc. initiated a case against defendant Henry Goss and his company, Swift Networks, Inc., for failure to pay on a contract and misrepresentations made by Goss in procuring the contract.

Ultimately, Highwinds voluntarily dismissed its case prior to trial for economic reasons. Goss later initiated this malicious prosecution action against Highwinds and its attorneys for pursuing the underlying case against him. Defendant Highwinds and its attorneys filed separate anti-SLAPP motions to strike Goss' complaint.

PLAINTIFF'S CONTENTIONS:
In his malicious prosecution action, Goss alleged that Highwinds and its attorneys had improperly pursued legal action against him naming both Goss and his company in the underlying lawsuit for failing to pay invoices and misleading Highwinds about the true identity of the company.

DEFENDANT'S CONTENTIONS:
Highwinds and its attorneys contended that the original case was brought with probable cause, was not maliciously pursued and did not terminate with a favorable result for Goss. Defendants claimed there was evidence that the underlying case was brought with probable cause and due to an admitted debt owed by Goss to Highwinds.

Result

On Sept. 17, 2014, the court granted both the anti-SLAPP motion of defendant Highwinds and the anti-SLAPP motion of its attorneys. On Jan. 15, 2015, the court granted, pursuant to an unopposed fee motion, $40,928 in fees, plus costs of $3,868 against Goss in favor of the defendant attorneys and awarded $80,907 in attorney fees and costs of $882 against Goss and in favor of Highwinds Network Group.

Other Information

Goss has filed a notice of appeal. FILING DATE: April 29, 2014.