APPEAL: Failure to seek stay renders appeal of Internet corporation dissolution order moot… order. [Read more…]
Injunction, Internet provider sale
INJUNCTION: Defendant who seems more interested in advancing litigation position than maximizing return to Internet provider denied TRO/preliminary injunction delaying bidding for court-ordered sale… Salvagni. [Read more…]
Shareholder agreements, expiration, web provider
SHAREHOLDER AGREEMENTS expired after 10 years by operation of 35-1-820(2)(c), invalidity not precluded by prior preliminary injunction stating the Defendant must remain a director as the issue was not considered at that time… Salvagni. [Read more…]
Corporate dissolution, receiver, internet provider
CORPORATE DISSOLUTION: Request by minority shareholder of internet provider for receiver pending dissolution denied… destruction of relevant documents during forced move not shown, but tort of spoliation may not be pled against parties to litigation and no basis for discovery sanction or quashing preliminary [Read more…]
$1,425,002 verdict, false/invalid construction lien
VERDICT: $425,000 for invalid/inaccurate construction lien, $550,000 for false statements in lien statement or knowingly false filing of statement, $450,000 for breach of subdivision buy-sell, $2 punitives… claim of unjust enrichment by residences [Read more…]
Property, specific performance, $600,001 verdict
PROPERTY: $600,001 verdict, specific performance, $176,834 attorney fees, arising out of dizzying array of land transfers, assignments, corporate metamorphoses, abuse of process, deceit affirmed… Plaintiff entitled to appeal fees… Tucker mostly affirmed. [Read more…]
Easement, landlocked land, easement by necessity
EASEMENT: Unity of title existed back to 1864 RR land grant giving rise to ostensible necessity [Read more…]
Construction lien, attachment, contracting owner
CONSTRUCTION LIEN: Firm’s lien attached day it commenced work for buy-sell “contracting owner” of subdivision property, [Read more…]
$606,001 verdict, mountain top ski land dispute
VERDICT: $600,000, abuse of process/deceit/unclean hands, $1 punitives, prescriptive easement, misrepresentation in mountain top ski land exchange… [Read more…]
Lawyer deceit, debtor v. creditor’s lawyers
LAWYER DECEIT: Claims by bankruptcy debtor against creditor’s lawyers properly rejected… Salvagni affirmed (IOR I-3(c)). [Read more…]