Withall v. Capitol Federal Savings of America

This is an appeal from an order dismissing all five counts of a complaint seeking damages for libel per se, libel per quod, and abuse of process. At issue on appeal is: (1) whether a finding that defamatory allegations in the complaint were untrue and made without reasonable cause negates the absolute privilege generally accorded pleadings; (2) whether the discovery rule can be construed to allow the statute of limitations to run from the time of the destruction of the privilege rather than from the time of the publication of the defamatory statements; and (3) whether plaintiff’s complaint…