Cynthia Howard sued Trott & Trott and Donald L. King for fraud and abuse of process over the manner in which they handled the foreclosure of Howard's mortgage and her eviction. To make a long story short, the Defendants received a redemption payment on Plaintiff's behalf on the last day of the redemption period, but still appeared in court to evict the Plaintiff from her home. She was forced to give up possession and move before she learned that the redemption had been completed.
She sued the attorneys for fraud and abuse of process, but her claim was dismissed. On appeal the Court reinstated the fraud claim, holding that Howard had presented enough evidence to avoid summary disposition.