First Tracks Invs., LLC v. Murray, Plumb & Murray
Annotate this CaseThe trial court entered summary judgment in favor of Defendants on Plaintiff’s claims for wrongful use of civil proceedings and abuse of process. Plaintiff appealed, arguing that the trial court erred in concluding that Plaintiff failed to establish a prima facie case for each element of both causes of action. The Supreme Judicial Court affirmed but noted that the trial court would have been well within its discretion to have granted a summary judgment in favor of Defendant based solely on Plaintiff’s failure to comply with the requirements of Me. R. Civ. P. 56(h), or to have denied summary judgment altogether based on the manner in which both parties availed themselves of the summary judgment process.
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