Abuse of process arising out of quite title action is dismissed; sanctions awarded
J. Edward Kloian sued Jesse O'Jack, after O'Jack successfully quited title to his client's property in a civil action opposed by Kloian. Kloian, after losing the quiet title action, sued O'Jack for damages, claiming abuse of process, malicious prosecution, infliction of emotional distress and punitive damages. The Court noted that O'Jack's quiet title action had been filed in reliance on an independent title company's analysis and that it was successful. That rendered Kloian's civil suit all of the things he claimed to criticize in O'Jack's action. The suit was dismissed and sanctions were awarded as there was no reasonable basis for Kloian's action.