Havelock Yacht Club, Inc. v. Crystal Lake Yacht Club, Inc.

I dissent from the majority’s determination that in this case there is no genuine issue of material fact because Frances Diffee acted in a defacto capacity as Plaintiff corporation’s president when she terminated Defendant’s lease.

The majority opinion holds that Frances Diffee was a de facto officer of Plaintiff corporation. While I agree with this conclusion, I do not believe this holding is dispositive of the case. I believe the analysis involves a two-step process, and the majority opinion only resolves one issue in the analysis. The first issue is whether Frances Diffee is an officer of…