TALLAHASSEE – The class action lawyer who has angered judges with his hundreds of novel theories of consumer deception at grocery stores and elsewhere is asking a Florida court to dismiss a lawsuit filed against him for suing the wrong company.

Ashley Furniture sued New York attorney Spencer Sheehan last year in Leon County Circuit Court after paying outside counsel $116,000 to prepare a motion to dismiss that was never filed. Sheehan had sued Ashley over warranties offered by a different company on products in stores not owned by Ashley.

Sheehan abandoned his case against Ashley but the company still wants payback, charging him with malicious prosecution. This claim fails, Sheehan says, on three of six fronts, including malice.

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