PROBATE: Will challenge defense verdict affirmed over claims of juror misconduct… $428,659 attorney fees properly awarded Estate, $86.931.50 improperly awarded wife of heir for participation to defend her own interests… interest rate on fees improperly required to be recalculated each year… Gilbert affirmed, reversed. [Read more…]
Defense verdict, will contest, interest in family ranch
VERDICT: Defense, will contest, ownership interest in family ranch LLC. [Read more…]
Probate, Co-PR removal, delays
PROBATE: Co-PR properly removed due to delays caused by failure to respond or sign documents relating to sale of house… Gilbert affirmed (IOR I-3(c)). [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…]
Injunction, internet provider, suspected misuse
INJUNCTION: Preliminary injunction granted against internet service provider’s minority owner suspected of misuse of corporate funds… Salvagni. [Read more…]
Home purchase rescission, $350,000 price
VERDICT: Rescission of $350,000 home purchase plus $15,000 incurred for repairs or other expenses, undisclosed defects. [Read more…]