Hursey v. Homes by Design, Inc.

WALKER, Judge.

Plaintiffs filed this action seeking to recover money damages and to impose constructive trusts on real property held by defendants based on defendants’ alleged fraud, conversion, breach of contract, breach of fiduciary duty, and an unlawful conspiracy to conceal and misappropriate sums owed by defendants to plaintiffs. All defendants answered and counterclaimed except defendant David B. Lawson, against whom a judgment of default was entered on 21 January 1994.

On 26 January 1994, in an attempt to obtain records needed to document defendants’ alleged misuse of plaintiffs’ funds,…