Barth v. Barth

OPINION

BARTEAU, Judge.

Robert Barth (Robert) appeals the dismissal, on remand, of his complaint against Michael Barth (Michael) and Barth Electric Company (collectively, the Corporation) for breach of fiduciary duty and fraud. He raises three issues, which we consolidate and restate as:

Whether the trial court properly dismissed a complaint by a shareholder against a closely held corporation and its majority shareholder when the shareholder alleged misuse of corporate assets and brought the complaint as a direct, and not derivative, action?

We affirm.

FACTS

The course of this litigation was…