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Palmer v. Westmeyer12/16/1988
its January 7, 1987 specification of facts for the November 5, 1986 judgment entry, the court stated:
"In regard to dismissing Deborah Hyndman, it is further found that she was not involved in Count Six or Count Seven and therefore should be dismissed as a party to this action."
The only mention in the amended complaint of Deborah Hyndman is in Count 7, paragraph fifty-five. Therefore, with respect to the first six causes of action, summary judgment was appropriately granted in favor of appellee Hyndman. Moreover, since she is not an attorney, she cannot be charged with legal malpractice, the subject of Counts 1 through 5. Count 7 concerns an alleged wrongful issuance of a temporary restraining order in the case of Deanbern Investment Corp. v. Palmer and the allegedly malicious prosecution thereof. Because Hyndman was not a lawyer and, hence, was neither pursuing prosecution of the Deanbern Investment Corp. v. Palmer case nor a party to it, she cannot be liable for malicious prosecution of that case. Therefore, summary judgment was appropriately granted to appellee Hyndman as to Count 7 of the amended complaint. Accordingly, appellant David Palmer's twelfth assignment of error and appellant Ok Sun Palmer's fourth assignment of error are found not well-taken.
On consideration whereof, this court finds substantial justice has been done the parties complaining and the judgment of the Lucas County Court of Common Pleas is affirmed. This cause is remanded for further proceedings not inconsistent with this judgment.
Judgment affirmed.
HANDWORK, P.J., CONNORS and GLASSER, JJ., concur.
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