Guam - A Superior Court judge may have thrown out his first complaint, but former governor Carl Gutierrez isn't giving up on his $10 million lawsuit against former attorney general Doug Moylan and Dr. Vince Akimoto. A new complaint was filed on Tuesday in which Gutierrez alleges malicious prosecution, abuse of process and intentional infliction of emotional distress as the reason for wanting punitive damages of $5 million each from Akimoto and Moylan.

In 2002 Akimoto was represented by Moylan and filed suit against Gutierrez and former hospital associate administrator therese hart to go after the 150 thousand dollars that was paid to hart for a wrongful death claim.

The case was dismissed in 2010 for failure to prosecute. Just last week Judge Michael Bordallo threw out Gutierrez's lawsuit for failure to prosecute and failure to serve the two with the litigation until ten months after it had been filed.