Dineen v. Daughan

POMEROY, JUSTICE.

Both the appellant and appellee are attorneys who represented opposing parties in a prior judicial proceeding. Statements concerning the conduct of the appellant were made by the appellee in a motion filed in such proceeding. It is these statements which appellant Dineen considers libelous. This action was initiated to vindicate such claim.

The Superior Court found that the statements were made as part of a judicial proceeding and were relevant to said proceeding. That court concluded that the appel-lee’s action was “absolutely privileged and not actionable.” Accordingly, the…