The defendant bank brought a motion to strike the plaintiffs' action under Rules 21.01(1)(b) and 21.01(3)(d) of the Rules of Civil Procedure.
The plaintiffs had previously sued the bank in a separate action arising from a mortgage dispute, which was dismissed.
In this new action, the plaintiffs claimed damages for abuse of process, harassment, and intentional infliction of emotional distress based on the bank's conduct in the prior litigation.
The court granted the motion to strike, finding the new action was an abuse of process and an attempt to relitigate issues that were or should have been raised in the previous proceeding.
The court also held that the claim disclosed no reasonable cause of action, as the stress of litigation is not independently compensable.
