Yaklevich v. Kemp, Schaeffer & Rowe Co.

This case presents several questions concerning the tort of abuse of process. Specifically, we will consider (1) whether Ohio recognizes the tort, and if so, the elements of the tort; (2) whether a cause of action for abuse of process is a compulsory counterclaim which must be brought as part of the underlying litigation which gives rise to the claim; and (3) which statute of limitations is applicable to the tort. Because the trial court dismissed Yaklevich’s abuse of process claim on statute of limitations grounds, this case has not progressed beyond an examination of the complaint on its…