Mott v. Kirby

The appellants, Frank P. Kirby, Sr., Limited Liability Company (hereinafter “LLC”), Kenny Kirby, and Frank P. Kirby, Jr., appeal the June 11, 2007, final order of the Circuit Court of Cabell County that ordered the partition of real property owned by the Frank P. Kirby, Sr., LLC among the company’s members Kenny Kirby, Frank P. Kirby, Jr. and Barbara Mott, the appellee herein. 1 Because this Court finds that the circuit court applied the wrong statute to the proceedings below, we reverse and remand for proceedings consistent with this opinion.

I

FACTS

The essential facts are as follows.…