ROYCE v. HOENING

No. 87-489.

423 N.W.2d 198 (1988)

Richard L. ROYCE, Appellant, v. John HOENING, Jr., Jeanne Hoening, Horak Law Offices, Robert L. Horak and Mark J. Rasmussen, Appellees.

Supreme Court of Iowa.

May 11, 1988.


Attorney(s) appearing for the Case

Charles E. Hird, Jefferson, for appellant.

Robert L. Horak, and Mark J. Rasmussen of Horak Law Offices, Jefferson, for appellees John Hoening, Jr. and Jeanne Hoening.

Randy Duncan, and Thomas P. Jorgensen of Duncan, Jones, Riley & Finley, Des Moines, for appellees Robert L. Horak, Mark J. Rasmussen, and Horak Law Offices.

Considered by LARSON, P.J., and SCHULTZ, CARTER, NEUMAN, and SNELL, JJ.


NEUMAN, Justice.

The district court granted summary judgment for defendants in this action for malicious prosecution and abuse of process. On appeal, plaintiff Richard Royce claims the existence of disputed facts making resolution of the controversy by way of summary judgment inappropriate. He also urges this court to abandon the "special injury" rule for proof of damages in a malicious prosecution claim. Finding no merit in plaintiff's contentions, we affirm.

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