ILNews

Appeals court reverses summary judgment in business ownership dispute

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT