Williams v. Lewis

Carley, Judge.

Appellants brought suit against appellee in the State Court of Clayton County seeking damages for breach of a rental contract. Appellee answered and filed a counterclaim alleging that appellants had maliciously abused civil process by attempting in the main action to obtain the return of monies which were liquidated damages under the terms of the rental agreement. Appellants moved to dismiss the malicious abuse of process counterclaim on the ground that it failed to state a claim. Instead of ruling on appellants’ motion to dismiss the counterclaim, the trial court entered an…