Jamie DURHAM and Travis Durham, Plaintiffs-Petitioners,
v.
Suzanne GUEST, Defendant-Respondent.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
February 20, 2009.
February 20, 2009.
Attorney(s) appearing for the Case
Berardinelli Law Firm, David J. Berardinelli, Santa Fe, NM, for Petitioners.
Guest Law Firm, P.C., Suzanne Guest, Phoenix, AZ, for Respondent.
Miller Stratvert P.A., Ruth Fuess, Albuquerque, NM, for Amicus Curiae, Property Casualty Insurers Association of America.
Michael B. Browde, Albuquerque, NM, for Amicus Curiae, New Mexico Trial Lawyers Association.
Keleher & McLeod, P.A., Thomas C. Bird, Gary J. Van Luchene, Albuquerque, NM, for Amicus Curiae, New Mexico Defense Lawyers Association.
Supreme Court of New Mexico.
OPINION
CHÁVEZ, Chief Justice.
{1} Plaintiffs Jamie Durham (Jamie) and Travis Durham (Travis) (together, the Durhams) sued Suzanne Guest (Guest) for malicious abuse of process, alleging that she issued subpoenas for an illegitimate purpose in an arbitration proceeding. Guest contends that the Durhams failed to state a malicious abuse of process claim under DeVaney v. Thriftway Marketing Corp., 1998-NMSC-001, 124 N...
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