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FLEETWOOD RETAIL CORP. OF N.M. v. LEDOUX

No. 29,737.

164 P.3d 31 (2007)

2007-NMSC-047

FLEETWOOD RETAIL CORPORATION OF NEW MEXICO, a New Mexico corporation, and Fleetwood Retail Corporation, a Delaware corporation, Plaintiffs-Appellants, v. Alisa LEDOUX, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied July 27, 2007.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Jeffrey M. Croasdell, Albuquerque, NM, for Appellants.

L. Helen Bennett, P.C., Linda Helen Bennett, Kelley-Streubel, L.L.C., David A. Streubel, Albuquerque, NM, for Appellee.

OPINION

BOSSON, Justice.

{1} In DeVaney v. Thriftway Marketing Corporation, 1998-NMSC-001, 124 N.M. 512, 953 P.2d 277, we merged the torts of abuse of process and malicious prosecution to create the new tort of malicious abuse of process and allowed defendants to assert malicious abuse of process claims as counterclaims in the underlying proceedings. In the matter before...

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