Lyons

Appellants Videotape Plus, Inc., and Marshall W. Brehm appeal from the judgment on the pleadings dismissing their malicious prosecution complaint against respondents Vincent J. Lyons, Dubs, Inc., and Gerald P. Cunningham. After review, we reverse and remand.

Procedural And Factual Background

Respondent Vincent J. Lyons owns Dubs, Inc., a company in the videotape duplication business. In 1996, Dubs filed through its attorney, respondent Gerald P. Cunningham, a lawsuit against appellants Videotape Plus, Inc., and Marshall W. Brehm, the president and owner of Videotape Plus, Inc. Dubs alleged appellants were liable for conspiring with one of Dubs’s supervisors to steal videotapes from Dubs’s warehouse. The complaint alleged causes of action for conversion, fraud, and negligence.

Appellants denied the allegations, claiming they bought the videotapes in good faith from the supervisor. They propounded discovery to learn what evidence supported Dubs’s claims. Dubs repeatedly thwarted appellants’ discovery efforts, requiring appellants to obtain orders to compel, which Dubs refused to honor. Appellants thereafter moved for summary judgment, arguing Dubs had no evidence to…