In the case Gemperline v. Franano, 2021-Ohio-2394, the Fifth District Court of Appeals held a complaint that included an abuse of process claim could proceed when the allegations made throughout the complaint had a sufficient factual basis.
Here, the plaintiff-appellant argued the allegations in the complaint demonstrated specific facts to support an abuse of process claim.
The defendants-appellees disagreed, arguing that the allegations were mere conclusions, rather than statements of fact. The Court of Appeals disagreed.
The Court reasoned that though the complaint stated the elements of an abuse of process claim, there were also enough facts included to establish a basis for the complaint to proceed.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.