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Appeals court reverses summary judgment in business ownership dispute

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The Indiana Court of Appeals on Monday reversed summary judgment in favor of defendants in a dispute involving ownership of a business.

A panel unanimously reversed an order by Hendricks Circuit Judge Jeffrey V. Boles that granted summary judgment in Don Morris and Randy Coakes v. Brad Crain, Richard Redpath, Biosafe Engineering, LLC, Steven Biesecker, Tyler Johnson, Brandon Ross and Chris Sollars, No. 32C01-1003-PL-414.

Appeals Court Judge L. Mark Bailey wrote in a unanimous opinion that because the court “ordered the parties to implement a procedure inconsistent with summary judgment proceedings, summary judgment was improvidently granted.”

Boles issued an order dismissing several of the defendants from the lawsuit and ordering the remaining parties to submit documents within 10 days. Plaintiffs were ordered to state legal theories asserted against the defendants; defendants were ordered to detail the legal elements of the plaintiffs’ theories they assert had not been met.

Don Morris and Randy Coakes sued after selling a biological effluent destruction systems products company in which they had interest, along with other officials who had lesser interests. The suit was filed after Morris was fired by Steven Biesecker.

The plaintiffs alleged they had equitable interests and contractual rights in BioSafe Engineering and standing to bring a shareholder derivative action that would include seeking appointment of a receiver, an accounting and disgorgement of funds, and BioSafe’s dissolution.

The defendants denied that Richard Redpath and Brad Crain created a false document, made false representations, brought about the plaintiff’s ouster, diverted funds, or met with Morris to discuss ownership participation. The defendants also denied that Morris and Coakes held an equitable interest or that they had standing to bring a shareholder derivative claim.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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