(DOWNLOAD) "Giles v. Marce" by Arizona Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Giles v. Marce
- Author : Arizona Court of Appeals
- Release Date : January 23, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Plaintiffs/appellants Charles M. Giles and Susan P. Giles, husband and wife, appeal from the trial courts order granting a motion for judgment on the pleadings filed by defendant/appellee Hill Lewis Marce (HLM), a law firm, and dismissing their complaint for abuse of process and other claims. The Gileses claims were based on HLMs alleged conduct during its representation of the opposing party in an action the Gileses had initiated which was ultimately settled. On appeal, they contend Arizona law does not prohibit a cause of action for abuse of process against opposing counsel and that the settlement of the underlying action does not necessarily bar a claim for malicious prosecution absent a determination of whether the settlement was favorable to them. Because we find both contentions correct, we vacate the judgment in favor of HLM and remand the matter for further proceedings.