Snyder v. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.

OPINION

DROWOTA, J.

We granted this appeal to determine whether the plaintiffs complaint states a cause of action for abuse of process. We conclude that the complaint fails to allege one of the essential elements of the tort — an improper act in the use of process. Accordingly, we affirm the judgment of the Court of Appeals which upheld the trial court’s dismissal of the plaintiffs complaint for failure to state a claim upon which relief can be granted. Tenn. R. Civ. P. 12.02(6).

BACKGROUND

This action arose from a dispute over the property of the plaintiff, Frances Miller Bell. Frances Bell is…