Kovacs v. Acosta

OPINION

John Kovacs, Fifi Kovacs and George Kannengisser (appellants) owned a parcel of land together with Rafael and Yolanda Acosta (Acostas). The appellants filed an action to partition the land but later sold their land without informing the Acostas or dismissing the partition action. The Acostas filed counterclaims against the appellants for abuse of process and attorney’s fees and costs which arose from the partition. The court awarded the Acostas attorney’s fees, expenses incurred in the partition action, and court costs. We reverse the district court’s holding.

FACTS

Appellants owned a…