Westgor v. Grimm

OPINION

LANSING, Judge.

Harvey Grimm appeals from a judgment awarding respondent Wayne Westgor $5,000 as a “penalty” for Grimm’s constructive civil contempt and $2,500 for attorney’s fees incurred in prosecuting the contempt proceedings. We reverse and remand.

FACTS

In 1976 Wayne Westgor, a minority shareholder of Winton’s, Inc., brought this action on behalf of himself and the corporation against its officers and directors (Harvey Grimm, Charles Grimm and Arlene Grimm). He sought an involuntary dissolution of the corporation, an accounting, and damages. The trial court directed a verdict for the…