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Ayles v. Allen6/2/2005
NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
DISPOSITION: AFFIRMED - 06/02/2005
BEFORE SMITH, C.J., CARLSON AND DICKINSON, JJ.
. This is an action against an attorney and his client for abuse of process and invasion of privacy. The circuit court granted summary judgment for the attorney and his client. Finding no error, we affirm the judgment of the circuit court.
FACTUAL AND PROCEDURAL BACKGROUND
. This case is before us on appeal from the Circuit Court of Coahoma County. However, the facts giving rise to this suit occurred in the context of a divorce proceeding in the Chancery Court of Coahoma County.
. Lesley Melton Allen ("Lesley") and Coleman Maddox Allen III ("Coleman") were married. Kassey Ray Ayles ("Ayles") is Lesley's child from a previous marriage. Coleman and Lesley had a child by their marriage, Coleman Maddox Allen IV ("Maddox"). The marriage between Coleman and Lesley ended in divorce, and Lesley was granted custody of Maddox. Later, Coleman filed a petition to gain custody of Maddox. Lesley contested the petition. Attorney M. Lee Graves ("Graves") represented Coleman in the custody dispute over Maddox.
. During this custody contest, Coleman, through Graves, served a subpoena duces tecum on Ayles's school demanding the production of Ayles's school records, presumably to use against Lesley in the custody dispute over Maddox. The subpoena was served by Graves's secretary on Ayles's school on Friday, August 1, 2003, and directed that Ayles's school records be given to Graves within ten (10) days. However, the school produced Ayles's records to Graves's secretary immediately upon receipt of the subpoena.
. The following Monday, August 4, 2003, Graves mailed notice of the subpoena duces tecum to Lesley's attorney, Bill Luckett ("Luckett"), who received Graves's letter on August 7, 2003, and in reply sent a demand letter by facsimile, requesting that Graves explain why he had not provided Lesley with notice prior to issuing the subpoena, and suggesting that abuse of process may have occurred. By letter dated August 11, 2003, Graves responded that the subpoena was issued in good faith, the school had made a mistake in giving the records to his secretary, and that neither he nor the school had intended to subvert any process. Graves also stated that he would provide Luckett with a copy of Ayles's records if Luckett wished him to do so, but otherwise would hold them until the chancellor ruled on the matter.
. On January 7, 2004, Ayles, by and through her mother, filed this suit in the Circuit Court of Coahoma County against Coleman and Graves for abuse of process and invasion of privacy. Coleman and Graves filed a Motion to Dismiss/Motion for Summary Judgment, which stated that Graves was acting individually and on behalf of Coleman and that the complaint should be dismissed as to both Graves and Coleman for failure to state a claim upon which relief could be granted pursuant to pursuant to M.RC.P.12(b). In the alternative, Graves requested that his motion to dismiss be treated as a Rule 56 motion for summary judgment. Ayles filed a Response to the Motion to Dismiss/Motion for Summary Judgment. Both parties filed supporting affidavits.
. The circuit court entered an order treating Graves's motion to dismiss as a motion for summary judgment and granting judgment as a matter of law in favor Graves. The trial court further ordered that because Ayles's causes of action against Coleman arose solely from acts and omissions of Graves, there existed no issue of fact with respect to the claims against Coleman and entered judgment as a mat
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