Adkins v. Wrightway Readymix, LLC

499 S.W.3d 286, 2016 Ky. App. LEXIS 148, 2016 WL 4488161
CourtCourt of Appeals of Kentucky
DecidedAugust 26, 2016
DocketNO. 2014-CA-001644-MR
StatusPublished
Cited by5 cases

This text of 499 S.W.3d 286 (Adkins v. Wrightway Readymix, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adkins v. Wrightway Readymix, LLC, 499 S.W.3d 286, 2016 Ky. App. LEXIS 148, 2016 WL 4488161 (Ky. Ct. App. 2016).

Opinion

OPINION

D. LAMBERT, JUDGE:

This matter is before the Court on appeal from an order entered by the Pike Circuit Court, which sustained a motion to dismiss filed by the Appellee, Wrightway Ready Mix, LLC (hereinafter “Wright-way”). For the reasons herein described, we affirm the trial court.

I. FACTUAL AND PROCEDURAL HISTORY

The operative facts of this appeal are not in dispute. The Appellant, Roger Adkins, is a self-employed contractor. He appeared pro se at every stage of the proceedings below. Wrightway is a limited liability company engaged in the business of supplying concrete to its customers. The facts of their transaction are disputed, though the specifics of the course of dealing between the parties are immaterial for the purposes of this review.

The most important fact is undisputed: the parties’ course of dealing resulted in a small claims complaint being filed on December 8, 2008, in Pike District Court, by Wrightway against Adkins. Wrightway sought to collect on an unpaid alleged debt. Rather than retaining counsel or filing a proper answer to the complaint, Adkins filed a multi-purpose pleading entitled “Motion to Dismiss, Motion to Indict, Motion for Counterclaim, Motion for Kentucky State Police Investigation.” In this pleading, Adkins asserted a counterclaim seeking punitive damages in the amount of $250,000 for “unethical business practices” including “knowingly fil[ing] false papers in Court....” The Pike District Court treated this as a counterclaim for wrongful use of civil proceedings and, since the amount in controversy in the matter now exceeded the jurisdictional limits of district court, ordered the matter transferred to Pike Circuit Court on February 16, 2009.

Wrightway moved for summary judgment in the Pike Circuit Court on its debt collection action. The circuit court denied the still-pending motion to dismiss that Adkins had filed before the district court and set Wrightway’s summary judgment motion for hearing. Following the hearing, the circuit court denied the summary judgment motion in a two-line order without further elaboration.

The' litigation continued and became contentious at nearly every opportunity. Discovery became an issue, necessitating that the circuit court issue an order compelling Adkins to appear for deposition. Adkins also continually conflated the nature of these proceedings with a criminal action, including making motions for the appointment of a special prosecutor. Following a series of adverse rulings, Adkins moved the trial court judge to recuse himself on Jume 20,2014. The motion to recuse alleged, but offered no proof, that the managing member of Wrightway and Wright-way’s counsel had both donated to the trial judge’s prior election campaigns. The trial court denied this motion following a hearing at which Adkins failed to appear, then denied Adkins’ “notice to recall” the motion to recuse for another hearing at a time more convenient to him.

This litigation came to a close when the trial court granted a motion to dismiss filed by Wrightway on September 10, 2014. As the basis for the motion, Wrightway noted that Adkins had filed a petition for Chapter 13 bankruptcy protection on July 6, 2010. Wrightway filed a Proof of Claim as an unsecured creditor, to which Adkins did not object. In its motion, Wrightway stated that the debt had been satisfied according to the bankruptcy plan. Further, [289]*289because the underlying claim (to collect the debt) was not resolved in Adkins’ favor, his counterclaim failed as a matter of law.

The trial court agreed:

As the Court understands the Defendant’s Counter-claim, it is his complaint that the Plaintiff has alleged falsehoods and was seeking to collect money for worthless concrete. If taken at face value, the Defendant is saying the Plaintiff did not have probable grounds to file this action against him, in other words an abuse of civil process. To maintain an abuse of civil process claim, the Defendant would have to prove that the Plaintiffs claim against him was terminated in his favor. However, the Plaintiffs claim was not terminated in his favor, it was terminated because the Defendant filed bankruptcy. Therefore the Defendant may not maintain this action.

This appeal followed.

ANALYSIS

A. THE TRIAL COURT DID NOT ERR IN DISMISSING ADKINS’ COUNTERCLAIM

As a preface to the Court analysis, we would repeat the notion of a duty incumbent on trial courts to “liberally construe pro se pleadings to extract the [pro se litigant]⅛ intent and bring about a full adjudication of the relevant issues.” Taylor v. Commonwealth, 354 S.W.3d 592, 594 (Ky.App.2011). Both the district and circuit courts admirably carried out this duty here, affording Adkins with opportunities to have his grievances redressed over a period of six years. The courts below accurately and generously interpreted Adkins’ pleadings as asserting a cognizable cause of action in his counterclaim, wrongful use of civil proceedings.

Dismissal in this instance was governed by Civil Rule 12.02(f) as a failure to state a claim for which relief may be granted. The Kentucky Supreme Gourt conducted a thorough examination of the standard of review for motions to dismiss for failure to state a claim upon which relief can be granted in 2010:

A motion to dismiss for failure to state a claim upon which relief may be granted admits as true the material facts of the complaint. So a court should not grant the motion unless it appears the pleading party would not be entitled to relief under any set of facts which could be proved. Accordingly, the pleadings should be liberally construed in the light most favorable to the plaintiff, all allegations being taken as true. This exacting standard of review eliminates any need by the trial court to make findings of fact; rather, the question is purely a matter if law. Stated another way, the court must ask “if the facts alleged in the complaint can be proved, would the plaintiff be entitled to relief?” Since a motion to dismiss for failure to state a claim upon which relief may be granted is a pure question of law, a reviewing court owes no deference to a trial court’s determination; instead an appellate court reviews the issue de novo.

Fox v. Grayson, 317, S.W.3d 1, 7 (Ky.2010) (internal citations and quotations omitted).

“Public policy requires that all persons be able to freely resort to the courts for redress of a wrong, and the law should and does protect them when they commence a civil tort action in good faith and upon reasonable grounds.” Prewitt v. Sexton, 111 S.W.2d 891, 895 (Ky.1989). That public policy consideration makes up the precise reason that the law demands strict compliance with the elements of an action for wrongful use of civil proceedings. D’Angelo v. Mussler, 290 S.W.3d 75, 79 (Ky.App.2009). The elements of proof [290]

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Cite This Page — Counsel Stack

Bluebook (online)
499 S.W.3d 286, 2016 Ky. App. LEXIS 148, 2016 WL 4488161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adkins-v-wrightway-readymix-llc-kyctapp-2016.