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MONTGOMERY v. McDANIEL

Record No. 051243.

628 S.E.2d 529 (2006)

271 Va. 453

Cheryl L. MONTGOMERY v. David H. McDANIEL, et al.

Supreme Court of Virginia.

April 21, 2006.

Attorney(s) appearing for the Case

Robert C. Nusbaum, Adam Casagrande (Linda S. Laibstain, Williams Mullen Hofheimer Nusbaum, on briefs), Norfolk, for appellant.

Mahlon G. Funk, Jr. (Jeffrey A. Breit, Christopher E. Gatewood, Courtney Moates Paulk, Breit Drescher & Imprevento; Hirschler Fleischer, on brief), Richmond, for appellees.

Present: HASSELL, C.J., LACY, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON and RUSSELL, S.J.

LACY, Justice.

I.

In this case we consider whether a plaintiff alleged sufficient facts to maintain a cause of action for abuse of process.

II.

Cheryl L. Montgomery was employed by Laser Skin and Vein Center of Virginia, P.C. (LSVC), and David H. McDaniel, the owner and president of LSVC. Montgomery's daughter, Casey M. Bushey, also worked for LSVC and McDaniel. In early 2004, Bushey complained to LSVC's chief financial officer, Gregory...

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