THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The Pointes of Plantation Pointe Owners’ Association, Respondent,

v.

Donald L. Rockwell and Torrie N. Rockwell, Appellants.


Appeal From Newberry County
 J. Mark Hayes, II, Circuit Court Judge


Unpublished Opinion No. 2005-UP-597
Submitted November 1, 2005 – Filed November 22, 2005  


AFFIRMED


Karl S. Brehmer and J. Austin Hood, both of Columbia, for Appellants.

John T. Lay, Jr. and Stephen D. Porter, both of Columbia, for Respondent.

PER CURIAM:  This case involves a lawsuit filed by a homeowners’ association, The Pointes of Plantation Owners’ Association (the Association) against homeowners in the development, Donald and Torrie Rockwell.  The Rockwells appeal from the circuit court’s grant of summary judgment for the Association that dismissed certain of their counterclaims with prejudice.  We affirm.[1] 

1.       We find no error in the circuit court’s dismissal of the Rockwells’ abuse of process claim.  The elements of an abuse of process claim are: (1) an ulterior purpose and (2) a “willful” or overt act “in the use of the process” that is improper because it is eit