DeVANEY v. THRIFTWAY MARKETING CORP.

No. 23581.

953 P.2d 277 (1997)

124 N.M. 512

1998-NMSC-001

David DEVANEY, Plaintiff-Petitioner, v. THRIFTWAY MARKETING CORPORATION, Jerry Clayton, and R.J. Dalley, Defendants-Respondents.

Supreme Court of New Mexico.

December 22, 1997.


Attorney(s) appearing for the Case

Mettler & LeCuyer, P.C., Earl Mettler, Albuquerque, for Plaintiff-Petitioner.

Benson & Associates, Robert D. Benson, Farmington, for Defendants-Respondents.


OPINION

MINZNER, Justice.

(1) Plaintiff-Petitioner David DeVaney brought a tort action seeking damages for abuse of process and malicious prosecution. The trial court granted Defendants-Respondents Thriftway Marketing Corporation and its officers (collectively, "Thriftway") summary judgment, and the Court of Appeals affirmed. We granted certiorari to revisit and clarify the elements required for the two torts on which DeVaney relies. Specifically, we address...

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