Southeast Ceramics, Inc. v. Klem

Clarke, Justice.

Klem sued Southeast Ceramics, Inc. for breach of contract and Southeast responded with a counterclaim for malicious use of process. Each of the parties moved for summary judgment with Southeast seeking a holding of no liability on Klem’s complaint and Klem seeking a holding of no liability on Southeast’s counterclaim. Southeast’s motion was denied and Klem’s was granted. The net result was that Southeast was twice the loser and found itself with a suit pending against it and no counterclaim remaining against Klem.

Southeast took a direct appeal to the Court of Appeals pursuant…