Can a voluntary dismissal "without prejudice" still give rise to a malicious prosecution claim?
3 attorney answers
Usually you need a ruling on the merits before a malicious prosecution claim can succeed. I'd have to know more about the facts of this before giving a definitive answer, though. However, I do agree with the other respondents that even if you have a case, it seems like one that isn't worth bringing.
This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.
The landlord accepted rent at the hearing; I do not think you have a slam dunk malicious prosecution case. Voluntary dismissal does not eliminate a possible MP claim, but what are your actual damages if you win? Time off of work? $20? $50? Is that worth a lawsuit?
The general advice above does not constitute an attorney-client relationship: you haven't hired me or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice.
You want this landlord in your life for the next few years?! The best answer I can give you, regardless of the technical legal answer you seek, is "move on"!