Robb v. Chagrin Lagoons Yacht Club, Inc

In Robb v. Chagrin Lagoons Yacht Club, Inc. (1996), 75 Ohio St.3d 264, 271, 1996 Ohio 189, 662 N.E.2d 9, the Supreme Court of Ohio stated that abuse of process is an action initiated for improper purposes and the "'the improper purpose usually takes the form of coercion to obtain a collateral advantage, not properly involved in the proceeding itself, such as the surrender of property or the payment of money, by the use of the process as a threat or a club.'" Id., quoting Prosser & Keeton on Torts (5 Ed.1984) 898, Section 121. "Simply, abuse of process occurs where someone attempts to achieve through use of the court that which the court is itself powerless to order." Robb, supra, at 271. The Ohio Supreme Court held: "In order to state a cause of action for malicious prosecution in Ohio, four essential elements must be alleged by the plaintiff: (1) malicious institution in prior proceedings against the plaintiff by defendant; (2) lack of probable cause for the filing of prior law suit; (3) termination of the prior proceedings in the plaintiff's favor; (4) seizure of the plaintiff's person or property during the course of the prior proceedings".