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1.64 MB
Extraction Summary
2
People
5
Organizations
1
Locations
2
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal motion / brief (motion for summary judgment)
File Size:
1.64 MB
Summary
This document is page 12 of a legal filing (likely a Motion for Summary Judgment) arguing that Edwards is entitled to a judgment on Epstein's claim of 'abuse of process.' The text outlines the legal standards for abuse of process in Florida and argues that Epstein's allegations stem merely from dissatisfaction with standard discovery proceedings and motions. It mentions that Edwards has also filed a counterclaim against Epstein.
People (2)
| Name | Role | Context |
|---|---|---|
| Edwards | Defendant / Counter-claimant |
Attorney seeking summary judgment against Epstein's abuse of process claim; also filed a counterclaim against Epstein.
|
| Epstein | Plaintiff / Counter-defendant |
Filed a Second Amended Complaint alleging abuse of process; subject of Edwards' counterclaim.
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Organizations (5)
| Name | Type | Context |
|---|---|---|
| S & I Investments | ||
| Payless Flea Market, Inc. | ||
| Fla. 4th Dist. Ct. App. | ||
| Fla. 1st Dist. Ct. App. | ||
| House Oversight |
Document source/archive stamp
|
Locations (1)
| Location | Context |
|---|---|
|
Implied by case citations (Fla. Dist. Ct. App.)
|
Key Quotes (4)
"Edwards is Entitled to Summary Judgment on the Claim of Abuse of Process Because He Acted Properly Within the Boundaries of the Law in Pursuit of the Legitimate Interests of his Clients."Source
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Quote #1
"Epstein’s Second Amended Complaint raises several claims of 'abuse of process.'"Source
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Quote #2
"Edwards is entitled to summary judgment because Epstein cannot prove these elements."Source
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Quote #3
"This is not the stuff of an abuse of process claim, particularly where Epstein fails to allege that he was required to do something as the result of Edwards’ pursuit of the claims against him."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,937 characters)
particular case could have been resolved in that very case rather than now re-litigated in satellite
litigation.
litigation.
3. Edwards is Entitled to Summary Judgment on the Claim of
Abuse of Process Because He Acted Properly Within the Boundaries of the
Law in Pursuit of the Legitimate Interests of his Clients.
Abuse of Process Because He Acted Properly Within the Boundaries of the
Law in Pursuit of the Legitimate Interests of his Clients.
Epstein’s Second Amended Complaint raises several claims of “abuse of process.” An
abuse of process claim requires proof of three elements: “(1) that the defendant made an illegal,
improper, or perverted use of process; (2) that the defendant had ulterior motives or purposes in
exercising such illegal, improper, or perverted use of process; and (3) that, as a result of such
action on the part of the defendant, the plaintiff suffered damage.” S & I Investments v. Payless
Flea Market, Inc., 36 So.3d 909, 917 (Fla. 4th Dist. Ct. App. 2010) (internal citation omitted). In
fact, this Court is very familiar with this cause of action, as Edwards has correctly stated this
cause in his counterclaim against Epstein. Edwards is entitled to summary judgment because
Epstein cannot prove these elements.
abuse of process claim requires proof of three elements: “(1) that the defendant made an illegal,
improper, or perverted use of process; (2) that the defendant had ulterior motives or purposes in
exercising such illegal, improper, or perverted use of process; and (3) that, as a result of such
action on the part of the defendant, the plaintiff suffered damage.” S & I Investments v. Payless
Flea Market, Inc., 36 So.3d 909, 917 (Fla. 4th Dist. Ct. App. 2010) (internal citation omitted). In
fact, this Court is very familiar with this cause of action, as Edwards has correctly stated this
cause in his counterclaim against Epstein. Edwards is entitled to summary judgment because
Epstein cannot prove these elements.
The first element of an abuse of process claim is that a defendant made “an illegal,
improper, or perverted use of process.” On the surface, Epstein’s Complaint appears to contain
several allegations of such improper process. On examination, however, each of these
allegations amounts to nothing other than a claim that Epstein was unhappy with some
discovery proceeding, motion or argument made by Edwards. This is not the stuff of an abuse of
process claim, particularly where Epstein fails to allege that he was required to do something as
the result of Edwards’ pursuit of the claims against him. See Marty v. Gresh, 501 So.2d 87, 90
(Fla. 1st Dist. Ct. App. 1987) (affirming summary judgment on an abuse of process claim where
“appellant’s lawsuit caused appellee to do nothing against her will”).
improper, or perverted use of process.” On the surface, Epstein’s Complaint appears to contain
several allegations of such improper process. On examination, however, each of these
allegations amounts to nothing other than a claim that Epstein was unhappy with some
discovery proceeding, motion or argument made by Edwards. This is not the stuff of an abuse of
process claim, particularly where Epstein fails to allege that he was required to do something as
the result of Edwards’ pursuit of the claims against him. See Marty v. Gresh, 501 So.2d 87, 90
(Fla. 1st Dist. Ct. App. 1987) (affirming summary judgment on an abuse of process claim where
“appellant’s lawsuit caused appellee to do nothing against her will”).
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