Sarvold v. Dodson

MOORE, Chief Justice.

Plaintiff appeals dismissal of Count (Division) I of his petition for failure to state a cause of action for abuse of process. We find the trial court applied the wrong rule of law in sustaining defendant’s motion to dismiss plaintiff’s Count I and accordingly reverse and remand.

I. Count I of plaintiff’s three Count petition alleges a cause of action for abuse of process, Count II alleges a cause of action for malicious prosecution and Count III alleges a cause of action for a civil rights violation. Defendant’s motion to dismiss each Count for failure to plead a cause of…