PROPERTY: Individual properly dismissed from Yellowstone Mountain Club litigation for lack of personal interest in property, title to lots correctly held to be knowingly taken subject to lis, successor trust not judicially estopped from asserting claims [Read more…]
Malicious prosecution, abuse of process
MALICIOUS PROSECUTION claims improperly dismissed, abuse of process claims properly dismissed as untimely… Haddon reversed, affirmed (unpublished). [Read more…]
Property/fees, HOA, lot no-division, $371,513 fees
PROPERTY/ATTORNEY FEES: Review of fees does not revive moot issue (1st impression), attempt to challenge interpretation of amended covenants to become prevailing party in HOA dispute mooted by dispute resolution… Restated Covenants did not preclude fees to prevailing party pursuant to original [Read more…]
Counterclaims, corporate dissolution, Rule 13(h)
COUNTERCLAIMS: Defendant who was sued as individual by corporation may only counterclaim as individual, not as shareholder, counterclaims for corporate dissolution, breach of fiduciary duty dismissed as improper counterclaims… [Read more…]
Appeal, failure to seek stay, corporate sale
APPEAL: Failure to seek stay renders appeal of Internet corporation dissolution order moot… order. [Read more…]
Corporate dissolution, Internet provider sale
CORPORATE DISSOLUTION: Sale of Internet provider to high bidder for $502,000 approved… Salvagni. [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…]
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…]
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