Achor Center, Inc. v. Holmes

I respectfully dissent as it is my view that the trial court correctly determined (as reflected in detailed findings of fact and conclusions of law) that genuine issues of material fact remain as to Reverend Kenneth R. Holmes’ claims against Achor Center, Inc. (“Achor”) for malicious prosecution and tortious interference with business relations. To this extent, I believe that the trial court properly construed the evidence in a light most favorable to the non-moving party’s claims and therefore found that Achor, as the moving party, failed to carry its burden of piercing the basic allegations…