Koch development Corporation and Daniel L. Koch v. Lori A. Koch, as presonal representative to the estate of William A. Koch, Jr., deceased - 8/6/13

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Tuesday  August 6, 2013 
11:00 AM  EST

11 a.m. 82A04-1212-PL-612. Daniel L. Koch (“Dan”) and William A. Koch, Jr. (“Will”) entered into a shareholders’ buy-sell agreement that governed the sale of their respective shares in the family business, Koch Development Corp (“KDC”).  Pursuant to this agreement, upon the death of a shareholder, KDC was called upon to purchase as much of the decedent’s shares as the capital of the company would lawfully permit. To the extent that KDC could not purchase all of the decedent’s shares, the surviving shareholders were called upon to purchase the remaining shares.  While this agreement was in place, Will died.  Thereafter, KDC tendered a $5,000,000 offer to purchase a portion of Will’s shares, and Daniel tendered a separate offer to purchase the remaining shares.  Lori A. Koch (“Lori”), Will’s widow and the personal representative of Will’s estate (“the Estate”), rejected both offers.  The Estate then filed an action seeking a declaratory judgment that the KDC and Dan had breached the buy-sell agreement and that the Estate had the right to keep Will’s shares of KDC because KDC’s offer was insufficient in light of the corporation’s capitalization and that Dan’s offer was insufficient because it was not based on a share price previously agreed upon by the shareholders.  KDC and Dan filed a counter-claim seeking specific performance of the agreement.  The trial court entered judgment in favor of the Estate, finding that KDC and Dan’s actions materially breached the buy-sell agreement and concluding that the Estate was the owner of Will’s shares of KDC and was permanently excused from its obligation to sell its shares to KDC and Dan.  Dan appeals and claims that: (1) KDC and Dan did not materially breach the agreement; and (2) the trial court clearly erred in concluding that the Estate was excused from its obligation to sell Will’s shares of KDC. 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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