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Gasparrini v. Bredemeier12/18/2001
DATE OF TRIAL COURT JUDGMENT: 07/17/2000
TRIAL JUDGE: HON. JOHN H. WHITFIELD
COURT FROM WHICH APPEALED:HARRISON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - TORTS - OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE
TRIAL COURT DISPOSITION: MOTION FOR SUMMARY JUDGMENT IS HEREBY GRANTED.
DISPOSITION: REVERSED AND REMANDED IN PART AND AFFIRMED IN PART - 12/18/2001
. Dr. William Gasparrini appeals the summary judgment entered by the trial court against him in this suit. Gasparrini brought suit in the Harrison County Circuit Court on February 27, 1997. He sought damages against Major Rogers and several other fictitious parties for false light, invasion of privacy, civil conspiracy, tortious interference with business relations, defamation, abuse of process, and malicious prosecution. After discovery, Gasparrini filed a motion to substitute Sandra and Gregory Bredemeier for two of the designated fictitious parties. The Bredemeiers moved for summary judgment and all claims against them were dismissed. Gasparrini appeals assigning as error:
I. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT ON THE BASIS THAT STATUTE OF LIMITATIONS BARRED THE CLAIMS OF DEFAMATION, FALSE LIGHT, INVASION OF PRIVACY AND CIVIL CONSPIRACY.
II. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT ON THE CLAIM OF TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS.
III. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF THE BREDEMEIERS ON THE CLAIMS OF MALICIOUS PROSECUTION AND ABUSE OF PROCESS AND CONTEMPT OF COURT.
We conclude that the trial court erroneously granted summary judgment on issues I and II; therefore, we reverse and remand for further proceedings. However, we find that the appellant failed to cite any authority in support of his argument pertaining to issue III; as such, we affirm the trial court's dismissal of Gasparrini's malicious prosecution, abuse of process, and contempt of court claims.
STATEMENT OF THE FACTS
. In 1993, Dr. William Gasparrini, a psychologist, was appointed by Chancellor J. N. Randall to perform a psychological evaluation on Sandra Bredemeier and her two children who were the subject of a custody dispute. After extensive testing, Gasparrini concluded that Sandra's former husband, Gary Jackson, should have primary custody of the two children. Chancellor Randall entered a judgment consistent with Gasparrini's findings and his decision was later affirmed by the Mississippi Supreme Court in Bredemeier v. Jackson, 689 So. 2d 770 (Miss. 1997). Thereafter, Sandra and Gregory Bredemeier, her second husband, began placing advertisements in the local newspaper, seeking others who, like Sandra, had lost custody of their children through an order by Chancellor Randall after being evaluated by Dr. Gasparrini. People began responding to the advertisements and congregating at the Bredemeier's house. One of the individuals was named Rhonda Rogers, a. k. a. Major Rogers, a U. S. Army retiree.
. Major Rogers, just like Sandra, lost the primary custody of her children after Gasparrini, at the request of Chancellor Randall, performed a standard custody evaluation. Unlike Sandra, Major Rogers never appealed the chancellor's decision. Instead, Major Rogers, along with the Bredemeiers, filed ethical complaints against Gasparrini with the Mississippi Board of Psychological Examiners (MBPE). The MBPE dismissed the complaints as frivolous. Aggrieved, both Major Rogers and the Bredemeiers filed similar ethical complaints with the American Psychological Association (APA). Upon receipt of Rogers's complaint, the APA decided to conduct an administra
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