statue of limitations is 1 year ofor malicious prosecutuion. How can time start before judge throws case out? Before judge dismisses case?

The statute of limitations begins to run upon the determination in your favor of the claim on which you base your malicious prosecution action.  So if the claim was asserted in December, 2015, and was dismissed in August, 2016, you have until August, 2017 to file your malicious prosecution action.