Could repeated use of collateral allegations support abuse of process or simlar?
Location: Texas. Looking for a Texas attorney’s perspective. My former partner filed a civil action, and his former attorneys repeatedly included collateral allegations about me in multiple motions to compel my deposition. The motions were seeking specific discovery-related relief, but the allegations had nothing to do with whether that relief should be granted or with the issues the motions were actually asking the court to decide. The repeated inclusion of those allegations in motions seeking court-ordered deposition relief is what concerns me. That civil action was ultimately dismissed.
I understand there is a high bar for an abuse-of-process or related claim, but I'm wondering about the underlying issue: can attorneys repeatedly put unrelated allegations with potential reputational consequences into court motions when those allegations aren't relevant to the specific relief being sought? We are now litigating a separate divorce proceeding, where my former partner has agreed to potentially publicly acknowledge that those allegations were false. I’m looking for an independent Texas attorney’s perspective on whether the conduct in the civil action is potentially actionable.