Kondelik v. First Fid. Bk. of Glendive

This is an appeal by plaintiffs Stanley J. and Elizabeth Kondelik from an order of the District Court of the Seventh Judicial District, Dawson County, granting defendant’s motion for summary judgment in part and dismissing in part without prejudice. We affirm in part and reverse in part.

The issues for review are restated as follows:

1. Did the District Court err in granting summary judgment in favor of defendants on plaintiffs’ claim for breach of fiduciary duty?

2. Did the District Court err in determining that claims for misuse and misappropriation of corporate funds cannot be brought by…