API Holdings, LLC v. Frost Cummings Tidwell Group, LLC

MURDOCK, Justice.

Tommy Sundy petitions this Court for a writ of mandamus directing the Jefferson Circuit Court to dismiss third-party claims asserted against him by the Frost Cummings Tidwell Group, LLC (“FCT”), an accounting firm. We deny the petition.

I. Facts and Procedural History

In June 2005, Adams Produce Company, Inc. (“APCI”), purchased Crestview Produce of Destín, Inc., from Sundy. As part of the transaction, APCI and Sundy executed a promissory note in the amount of $850,000. Sundy became an employee of APCI. FCT alleges that, based on representations from APCI and Sundy, certain…