Fleetwood Retail Corp. of NM v. LeDoux

OPINION

BOSSON, Justice.

{1} In DeVaney v. Thriftway Marketing Corporation, 1998-NMSC-001, 124 N.M. 512, 953 P.2d 277, we merged the torts of abuse of process and malicious prosecution to create the new tort of malicious abuse of process and allowed defendants to assert malicious abuse of process claims as counterclaims in the underlying proceedings. In the matter before us, Defendant Alisa LeDoux (“LeDoux”) brought a malicious abuse of process counterclaim based on lack of probable cause against Plaintiff Fleetwood Retail Corporation (“Fleetwood”), pursuant to DeVaney. A jury awarded damages…