Volz Excavating, Inc. v. Lynch, Ca2006-07-170 (9-10-2007)

OPINION

{¶ 1} Defendant-appellant, Donald K. Lynch, appeals a decision of the Butler County Court of Common Pleas granting summary judgment in favor of plaintiffs-appellees, Volz Excavating, Inc. and Mark Volz, and denying Lynch's motion to amend the pleadings. For the reasons outlined below, we affirm the decision of the trial court.

{¶ 2} Mark Volz and Donald Lynch are the sole shareholders in Volz Excavating, Inc., a closely held corporation formed in June 2000. The company performs excavating and construction services in subdivision developments. Volz and Lynch signed a Close Corporation…