McLeese v. J.C. Nichols Co.

BERREY, Judge.

Appellant appeals from a summary judgment entered in favor of the respondents by the Circuit Court of Jackson County, Missouri.

This is a shareholder’s derivative action, alleging a breach of fiduciary duty. Appellant’s amended brief raises six points of error: (1) summary judgment was improper because the trial court failed to follow the law requiring that no genuine issue of fact exist, examination of the record in the light most favorable to the plaintiff, and that judgment be based on admissible evidence; (2) in finding the “business judgment rule” applied; (3) in relying on…