DALE J. MONTPELIER, ET AL. v. HERBERT S. MONCIER, ET AL. - Articles

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Posted by: Landry Butler on Jun 1, 2017

Head Comment: With Dissenting opinion by Swiney

Court: TN Court of Appeals

Attorneys 1:

Dale J. Montpelier and Joseph F. Della-Rodolfa, Knoxville, Tennessee, appellants, pro se.

Attorneys 2:

Herbert S. Moncier, Knoxville, Tennessee, appellee, pro se.

Judge(s): MCCLARTY

This is a common law abuse of process case. The plaintiffs contend that the defendant attorney abused otherwise lawful process without authorization and for an improper purpose. The trial court dismissed this case as a matter of law for failure to state a claim upon which relief can be granted pursuant to Rule 12.02(6). We affirm.