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If A filed a law suit vs B few years ago and the Court ruled that A did not have a cause of action and ordered A to pay B the costs.
Few years later if A filed the same law suit vs B, in your opinion is it a Malicious Prosecution or Abuse of process?
After A filed the action few years ago, A filed motion for temporary and permanent restraining orders by claiming that A had all kind of easements over B's property and they should have right to come to B's property whenever they wanted and to do whatever they wanted without obtaining B's permission.
The Judge denied A's motion and the Judge even wrote the order that A did not have a cause of action.
A continued refusing to answer the discoveries and 2nd Judge issued an order to compel A to respond to the discovery (A was the plaintiff).
A disobeyed 2nd Judge's order and filed a dismissal without prejudice.
The 3rd judge ordered A to pay B the costs.
If A decides to file a new case by claiming the same that A has assessments, is it a Abuse of process or Malicious Prosecution in your opinion?
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