Bruce S. Schlafly Missouri Cases

Bruce S. Schlafly (Son) sued Anne S. Cori (Daughter) for abuse of process, alleging Daughter filed a lawsuit to invalidate portions of their mother's trust for improper collateral purposes. The circuit court dismissed Son's petition with prejudice for failure to state a claim upon which relief could be granted. The Missouri Supreme Court reversed the dismissal, holding that Son's petition contained sufficient allegations regarding the elements of an abuse of process claim to survive a motion to dismiss, and remanded the case for further proceedings.

Bruce S. Schlafly appealed the dismissal of his claims against Anne S. Cori for abuse of process, stemming from Cori's prior litigation challenging amendments to their mother's revocable trust. Schlafly alleged Cori's trust suit was an improper use of process to achieve collateral, unlawful ends. The appellate court affirmed the dismissal, holding that Cori's challenge to the trust terms was an authorized use of process, and Schlafly's allegations of improper motive did not establish an improper use of process.