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ELY v. WHITLOCK

Record No. 880355.

385 S.E.2d 893 (1989)

Rae H. ELY v. W.W. WHITLOCK, et al.

Supreme Court of Virginia.

November 10, 1989.

Attorney(s) appearing for the Case

Victor M. Glasberg (Jonathan M. Smith, Alexandria, on briefs), for appellant.

Thomas E. Albro, Charlottesville, (Bruce C. Phillips, Staunton, Smith, Taggart, Gibson & Albro, Charlottesville, on brief), for appellees.

Com. of Va. ex rel. Va. State Bar (Mary Sue Terry, Atty. Gen., E. Lane Kneedler, Chief Deputy Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., Martha B. Brissette, Asst. Atty. Gen., on brief), amicus curiae, for appellant.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, THOMAS, WHITING and LACY, JJ.

WHITING, Justice.

In these two consolidated actions for (1) malicious prosecution, (2) abuse of process, and (3) intentional infliction of emotional distress, we determine whether the motions for judgment are sufficient to state causes of action for each of these claims.

W.W. Whitlock and his son John D. Whitlock, both of whom are lawyers, each filed a motion for judgment against another lawyer, Rae H. Ely, seeking to recover compensatory and punitive damages...

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