To maintain a cause of action for abuse of process, a plaintiff must establish that the defendant committed a willful and intentional misuse of process in a manner for a purpose not intended by law. 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. Therefore, 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 undue abuse of process, so long as the act has some relation to the proceeding. For example, in Peckins v. Kaye, 443 So.2d 1025 (Fla. 2d DCA 1983), the record revealed that the defendant threatened the plaintiff with undue expenditures of time and money prior to filing a counterclaim. The court observed that while there was evidence of an ulterior motive, it was insufficient to maintain an action for abuse of process, since during the course of the proceedings there was no proof of an intentional act to pervert the objective of the process. Essentially, the abuse does not relate to the issuance in the process; rather, it relates to the perversion of the process after its issuance.

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.