Tarver v. Wills

Birdsong, Presiding Judge.

We granted interlocutory appeal in this case to determine whether the trial court erred in refusing summary judgment to the appellant attorney in this suit by the appellee doctor for the attorney’s having “maliciously” filed a medical malpractice case. The doctor’s motion for summary judgment in the medical malpractice suit was met with no objection or response and was granted. This suit followed. The trial court, in denying summary judgment to the appellant attorney, ruled “that at most this action is one for malicious use of process and that a very close issue…