Jennings v. MacLean
Annotate this CaseDefendant, an attorney practicing in Maine, was counsel to Plaintiff, and then to his estate, in a suit against Plaintiff’s conservator and Plaintiff’s brother. The suit resulted in a judgment against Plaintiff. Defendant obtained a turnover and sale order for Plaintiff’s residence. In the meantime, a limited liability company of which Plaintiff was a member sold a piece of commercial real estate. Before the closing, Defendant sent a letter to the attorney handling the closing advising that Plaintiff owed a judgment debt to his brother’s estate. As a result, the attorney withheld Plaintiff’s share of the proceeds from the sale pending further court order. Plaintiff filed a complaint against Defendant asserting that the letter and its attachments constituted abuse of process. The superior court entered summary judgment for Defendant. The Supreme Judicial Court affirmed, holding that Plaintiff failed to make out a prima facie case for either of the elements of his claim for abuse of process.
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