Kaminski v. Walpole

HAIRE, Judge.

This is an action in which an ex-tenant seeks to recover damages from his ex-landlord for wrongful attachment and garnishment. Rather than referring to the parties by name or as appellants or appel-lees, in this opinion the appellants will be referred to as “tenant” and the appellees as “landlord”. The trial court granted the landlord’s motion for summary judgment, and the tenant appeals.

In ruling on the motion for summary judgment the trial court with the consent of the parties took judicial notice of the record in a prior action between the parties, and considered the…