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VALLES v. SILVERMAN

No. 23,174.

84 P.3d 1056 (2003)

135 N.M. 91

2004-NMCA-019

Joe VALLES, Richard Kirschner, Bob McCannon, and Robert Pratt, Plaintiffs-Appellants, v. Paul L. SILVERMAN, Geltmore, Inc., Richard B. Saylor, Albert Kolb, Gloria Kolb, Sylvia Mock, Paul Tulenko, Valdemar Peterson, Darlene Garrett, Dawn Gastaldo, Merrill B. Thomas, and H. Ernestine Thomas, Defendants, Wal-Mart Stores, Inc., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 29, 2004.

Attorney(s) appearing for the Case

Jane Gagne, Philip B. Davis, Albuquerque, NM, for Appellants Joe Valles, Richard Kirschner, and Bob McCannon.

Eric Scott Jeffries, Brian A. Thomas, Jeffries & Rugge, P.C., Albuquerque, NM, for Appellant Robert Pratt.

Charles R. Peifer, Cerianne L. Mullins, Peifer, Hanson & Mullins, P.A., Albuquerque, NM, for Appellee.

Certiorari Denied, No. 28,442, January 29, 2004.

OPINION

CASTILLO, Judge.

{1} The issue we address in this case is whether a defendant can be liable for malicious abuse of process when that defendant was not a party (a non-litigant) in the underlying civil lawsuit. We hold that in certain limited circumstances, a non-litigant may be liable for civil malicious abuse of process. We further hold that the complaint in this case contains sufficient...

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