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We were forced into filing a claim against our landlord, as they put a fraudulent claim on our credit. They countered. We can prove the counterclaim of the landlord was fraudulent and that they knew it to be at the time they first filed. They had the initial case dismissed w/o prejudice on the basis they were the incorrect party. We found new evidence and brought the action again, they brought the exact same counterclaim they just dismissed by saying they were not the correct party. Their claims were dismissed w/ prejudice on judicial estoppel (already said not the correct party) ours were disposed of by summary judgment for Defendant not being the correct party. Do I have to prevail on my initial claim in order to have an abuse of process claim against them? It seems I would not.