Lonesome Dove Petroleum, Inc. v. Nelson
v.
Charles Schreiner Nelson, Defendant and Appellant
v.
Brett Boedecker,
Susanne Boedecker,
Michael Flinn, Phoenix
Energy Companies, Inc., Defendants on Crossclaim
and Appellees
Judge Allan L. Schmalenberger
| Appellant: | Serkland Law Firm | |
| Appellant: | Marvin L. Kaiser | |
| Appellee: | Kubik, Bogner, Ridl & Selinger | |
| Appellee: | Zuger Kirmis & Smith |
Did the trial court error when it made a finding of fact and conclusion of law that no breach of duty occurred to Nelson when he was excluded from meetings, not provided material documents to transactions and ultimately frozen out of the corporation.
The trial court clearly erred when it found a contract existed when there was no meeting of the minds.
Appellee's Statement of the Issues:
1. Did LDP, Brett Boedecker, Susanne Boedecker, and/or Flinn breach any common law duty owed to Nelson as a shareholder in LDP?
2. Are the trial court's Findings of Fact that Lonesome Dove never acted illegally, fraudulently, unfairly prejudicially, or in bad faith clearly erroneous?
3. Is the trial court's Finding of Fact that Nelson and LDP reached an enforceable contract in December 1995 clearly erroneous?
4. Was the contract between Nelson and LDP required to be evidenced by a formal executed written purchase agreement?
5. Is the trial court's Finding of Fact that Nelson's attorney, Randy Fields, had actual or ostensible authority to bind Nelson clearly erroneous?
6. Are the trial court's Findings of Fact that there were no conditions precedent to the agreement reached between LDP and Nelson in December 1995 clearly erroneous?
7. Is the trial court's Finding of Fact that there was a reasonably definite and certain agreement between LDP and Nelson clearly erroneous?
Appellee's Statement of the Issues:
Although Nelson has alleged and argued many different theories resulting in Phoenix's liability to him in his briefs throughout the course of the case, it appears that he has limited his appeal to the theory that Phoenix breached a duty owed to Nelson as a joint venturer or partner as set out in his Part IV PHOENIX ENERGY LIABILITY.
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