Before Bridges, C.j., Payne, And Southwick, JJ.
The opinion of the court was delivered by: Payne, J., For The Court
DATE OF JUDGMENT: 11/13/1997
TRIAL JUDGE: HON. KEITH STARRETT
COURT FROM WHICH APPEALED: PIKE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - TORTS - OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE
TRIAL COURT DISPOSITION: DEFENDANT/APPELLEE'S MOTION FOR SUMMARY JUDGMENT GRANTED
DISPOSITION: AFFIRMED - 02/23/99
PROCEDURAL POSTURE AND ISSUE PRESENTED
¶1. This case is before the Court on appeal from an order of summary judgment entered against Bennett Branch by the Circuit Court of Pike County, the Honorable Keith Starrett, presiding. Feeling aggrieved, Branch filed his notice of appeal, attacking the trial court's summary dismissal of his case. Upon review of the record in this case and the briefs filed by both parties, we sustain the trial court's grant of summary judgment. Accordingly, Branch's appeal is overruled.
¶2. Branch filed suit against the appellees alleging abuse of process, false arrest, malicious prosecution, and intentional infliction of emotional distress in what appears to be a classic love triangle involving Branch, Durham, and King. Branch alleged $1,000,000 in actual damages and $5,000,000 in punitive damages, for a total of $6,000,000. After the filing of the complaint, the following series of events transpired:
April 24, 1996 - Durham served with process
April 25, 1996 - Durham filed answer and affirmative defenses
April 25, 1996 - Durham filed first set of interrogatories a request for production of ...