Scalise v. Cummings & Lockwood, LLC

Opinion

SHELDON, J.

The plaintiffs, Richard Sealise and Eleanor Mihailidis, appeal from the judgment of the trial court granting the motion of the defendant, Cummings & Lockwood, LLC, to dismiss the plaintiffs’ vexatious litigation action on the ground that the claim therein presented is unripe for adjudication. The plaintiffs argue on appeal that their vexatious litigation action is ripe for adjudication despite the fact that several counts of the complaint in the underlying action remain pending against them, because the favorable termination requirement has been satisfied as to several other…