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Wills v. Arnett

The parties' divorce decree disposed of the ex-wife's contribution claim and there was probable cause for her arrest, so the ex-husband was entitled to summary judgment on her claims for false arrest and malicious prosecution.

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Linda S. Wills appeals from the trial court’s grant of summary judgment to David Arnett on her third-party claims for contribution, false arrest, and malicious prosecution. We find no reversible error and affirm. On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp ., 235 Ga. App. 250 510 SE2d 541 1998.

So viewed, the record shows that Wills and Arnett’s divorce decree, including their settlement agreement, was entered on November 8, 2005. In February 2007, Arnett’s mother sued Wills for fraud and other claims involving a bank account to which Arnett’s mother had added Wills and Arnett as co-signatories. The mother’s complaint alleged that Wills had improperly withdrawn funds amounting to $59,221 between July 2001 and May 2005. Wills then filed a third-party complaint against Arnett for 1 contribution and/or indemnity concerning the mother’s claim against her and 2 false arrest and malicious prosecution concerning Wills’s arrest by City of Kennesaw police on November 20, 2005, 12 days after the divorce. Arnett himself was a Kennesaw police officer at the time. The resulting charges against Wills, including family violence battery and cruelty to children, were later dropped.

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