Southeastern Shelter Corp. v. BTU, INC.

CAMPBELL, Judge.

Plaintiffs, Southeastern Shelter Corporation (“SES”) and Jerry Chesson (“Chesson”), appeal the trial court’s order granting summary judgment in favor of defendants, BTU, Inc. (“BTU”), Paul Silcox (“Silcox”) and Marc Gilfillan (“Gilfillan”), and dismissing with prejudice plaintiffs’ claims for breach of fiduciary duties, constructive fraud, conversion, unfair and deceptive trade practices and restitution based on unjust enrichment. For the reasons discussed herein, we affirm in part and reverse in part.

Chesson is president and majority shareholder of SES. SES’s principal…