Young v. Knapp

¶1Writ granted. For the purpose of determining the issues raised by the exception of no cause of action, we are bound to accept as true all well-pleaded facts in the petition, not conclusions of law. Plaintiffs petition fails to set forth facts sufficient to allege a cause of action for malicious prosecution. Because plaintiff was previously allowed to amend his petition in an attempt to state a cause of action by order of the court of appeal,1 and we now find the amended petition fails to state a cause of action, remand for further amendment would serve no purpose. Therefore, the judgment of the court of appeal is reversed, and the judgment of the district court is reinstated.