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2255 The dismissal of a breach of contract action on the basis of the Statute of Frauds and parol evidence rule is not a termination on the merits sufficient to support a subsequent action for malicious prosecution; during the trial of a malicious prosecution action, comments made by the trial judge in the presence of the jury reflecting the judge's apparent belief that attorneys tend to institute and churn groundless litigation for personal gain resulted in the objective appearance of bias and requires reversal of a judgment entered on the jury's verdict.
HALL v HARKER (Attorney-Hating Judge) 69 CA4 836 [See: Robbins v Blecher 52 CA4 886, T/AT 3/97; Lackner v LaCroix 25 C3 747; Warren v Wasserman... 220 CA3 1297; Catchpole v Brannon 36 CA4 237, T/AT 7/95]
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