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REL: 12/12/2008

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2008 -2009

_________________________ 2070849 _________________________ Hajo Drees v. Kile T. Turner, Richard L. Vincent, and Sara Turner Appeal from Jefferson Circuit Court (CV-07-4368) MOORE, Judge.
On December 13, 2007, Hajo Drees filed a complaint in the Jefferson Circuit Court against Kile T. Turner and Richard L. Vincent, asserting claims of invasion of privacy, abuse of process, intentional infliction of emotional distress, and the

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tort of outrage. Drees's claims arose out of a child-custody-

modification case between Angela Turner, Drees's current wife, and her former husband, Kile T. Turner ("the Turner custody case"). Kile and According to Drees, during the Turner custody case, his attorney in those proceedings, Richard L.

Vincent, knowingly made false representations to the Jefferson Circuit Court that Drees had been convicted of domestic

violence toward his former wife and one of his children. Drees attached a number of exhibits to his complaint,

including several filings, orders, motions, and excerpts from transcripts of the hearings in the Turner custody case. On January 4, 2008, Drees filed an amended complaint, adding Sara Turner, Kile's current wife, as a defendant, and attaching additional excerpts from the court proceedings in the Turner custody case, along with several other exhibits. In his amended complaint, Drees alleged that Sara had

aggressively contacted his former wife in connection with the Turner custody case and that she had "stated to public and private persons in person and through documents" that Drees had been convicted of domestic violence.

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On January 5, 2008, Kile filed a motion to dismiss

asserting that Drees's complaint against him failed to state a claim upon which relief could be granted and that the

statements complained of by Drees were privileged because they had occurred during a judicial proceeding. 2008, Sara filed a motion to dismiss in On January 6, which she also

asserted that Drees's amended complaint against her failed to state a claim upon which relief could be granted; attached to Sara's motion were several exhibits, some of which had not been attached to Drees's original complaint or his amended complaint. On January 13, 2008, Vincent filed a motion to dismiss; he also requested an award of attorney fees and costs against Drees. those Vincent's motion also had exhibits attached; some of exhibits had not been attached to Drees's original

complaint or his amended complaint. On February 19, 2008, Drees filed separate responses to Kile's, Vincent's, and Sara's motions to dismiss; Drees also included in those filings motions for a partial summary

judgment against Kile, Vincent, and Sara on Drees's claims alleging invasion of privacy and abuse of process. Attached

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to each of Drees's responses, in addition to other exhibits, was the entire transcript of a motion hearing in the Turner custody case that had not been attached as an exhibit in any previous filings in the case. On March 28, 2008, the trial court entered three separate orders granting Kile's, Vincent's, and Sara's motions to

dismiss.

Drees filed a postjudgment motion on April 11, 2008;

that motion was denied by the trial court on April 16, 2008. Drees filed a notice of appeal to the Alabama Supreme Court on May 8, 2008; that court transferred the appeal to this court, pursuant to Ala. Code 1975,

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