An abuse of process action requires that a plaintiff establish that the defendant misused the process for some collateral purpose. "Process" may mean an action that is initiated independently, such as the commencement of a suit, or one initiated collaterally, such as an attachment, or the filing of a counterclaim. To establish whether process has been used for a legitimate purpose or abused, an experienced West Palm Beach abuse of process lawyer should refer to the applicable statute, regulation, or case law; liability will depend on whether the process was utilized within the scope of its authorized purpose. There is no abuse of process when the process is used to accomplish the result for which it was created, regardless of an incidental or concurrent motive of spite or harassment or an ulterior purpose. Moreover, absolute immunity must be afforded to any act occurring during the course of a judicial proceeding and pursuant to court order, regardless of whether the act involves alleged with undue abuse of process, so long as the act has some relation to the proceeding. Additionally, an appeal that presents justiciable issues requiring a full consideration of the briefs, oral argument, and the record cannot be considered an abuse of process as a matter of law.

An abuse of process claim should be initiated within four years of the accrual of the action. A cause of action for abuse of process accrues with the termination of the acts that constitute the abuse complained of and not from the termination of the action in which the subject process issued. Therefore, abuse of process does not require as one of its essential elements a termination of the action in favor of the person against which process was issued.

A cause of action for abuse of process can be complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach abuse of process lawyer. If you believe you have a legitimate claim for abuse of process call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.