Pattiz
Pattiz v. Minye
Opinion
Opinion
Gilbert, J.
Does the dismissal of an action for failure to comply with discovery orders constitute a favorable termination that may give rise to a malicious prosecution action?
No, not if there is a doubt as to the liability or innocence of the prevailing party in the action that was dismissed.
Henry A. Pattiz appeals a summary judgment in favor of defendants Helen Minye and Attorneys Timothy S. Harris and Maureen A. O’Brien. We affirm. As a matter of law Pattiz cannot establish an action for malicious prosecution.
Facts
In September 1987, Helen Minye sought legal services from Attorney Henry A. Pattiz. Minye’s husband, John, suffered from a fatal illness and the Minyes’ financial affairs were, by Pattiz’s description, in “shambles.” During September and October 1987, Pattiz performed estate planning for the Minyes. John died on October 2, 1987.
Pattiz billed Minye $29,212 for his legal services. She paid this amount but on October 9, 1987, requested that he “stop further work” because she believed that his fees were “exorbitant” and “shocking.” Pattiz ceased his endeavors and sent Minye a final bill for $6,629, consisting of unbilled legal services, costs, and expenses.