Schmidt v. Wilkinson

McGIVERIN, Justice.

The sole issue presented by this appeal is whether the trial court erred in granting defendants’ motion to dismiss for plaintiffs’ alleged failure to properly plead an abuse of process claim. We conclude that plaintiffs’ petition sufficiently stated an abuse of process claim in compliance with the “notice pleading” requirements of Iowa R.Civ.P. 69(a). Accordingly, we reverse and remand the case for further proceedings.

The record for purposes of this appeal is very brief. Plaintiffs filed a petition on August 6, 1982. The petition consisted of two divisions. Division I was…