Pomeroy v. Rizzo Ex Rel. C.R.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

The mother of a child sued a person charged with sexual abuse of the child. The defendant counterelaimed on the ground that the mother's suit was "frivolous and fraudulent." Following the defendant's conviction for third degree assault of the child, the mother failed to prosecute her civil action against him. The superior court dismissed the mother's complaint because of this failure to prosecute. It also dismissed the defendant's counterclaim with prejudice because his conviction for assault precluded his counterclaim. Because we agree with the…