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DAWLEY v. LA PUERTA ARCHITECTURAL ANTIQUES

No. 22,063.

62 P.3d 1271 (2002)

133 N.M. 389

2003-NMCA-029

Jim DAWLEY and Kent Building Company, Inc., a Colorado Corporation, Plaintiffs-Appellants, v. LA PUERTA ARCHITECTURAL ANTIQUES, INC., a New Mexico Corporation, d/b/a, La Puerta Architectural Antiques, Scott Coleman, and Mark Griffith, Defendants-Appellees.

Court of Appeals of New Mexico.

December 19, 2002.

Attorney(s) appearing for the Case

David B. Lawrenz, Hinkle, Hensley, Shanor & Martin, L.L.P., Santa Fe, NM, for Appellants.

Robert E. Tangora, Robert E. Tangora, L.L.C., Santa Fe, NM, B. Cullen Hallmark, Garber & Hallmark, P.C., Santa Fe, NM, for Appellees.

OPINION

BOSSON, Chief Judge.

{1} In this appeal from a judgment for the tort of malicious abuse of process, we discuss the element of misuse of process in the context of a civil lawsuit for damages filed without probable cause. Finding that substantial evidence supports the district court's conclusion that the underlying lawsuit was brought without the necessary probable cause, we affirm the judgment. We also discuss the contours of when a trial judge...

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