JOHN T. IMPEY v. LARRY JOE HART, L. J. HART and COMPANY, MICHAEL A. CLITHERO, TIMOTHY JOHN McFARLAN, DEREK A. ANKROM, JASON SMITH, and HUSCH BLACKWELL

OPINION AUTHOR

John Impey’s amended petition, alleging malicious prosecution and abuse of process, was dismissed for failure to state a claim. He appeals. We reverse and remand for further proceedings.

Background1

As a candidate for Houston’s school board, Impey opposed a plan to finance a *778new high school through a bond issue set for vote at the same election. He sent various letters, including one published in the Springfield News-Leader, stating that bond underwriter Hart had improperly influenced the school district to pursue the project in order to promote Hart’s self-interest. Hart sued…