Rutter v. Excel Industries, Inc.

GARRARD, Judge.

Rutter brought two actions which were consolidated in the trial court challenging the effects of his separation from Excel. The court granted summary judgment in the action for damages and partial summary judgment in the action for declaratory judgment thereby upholding the validity of Rutter’s resignation as an officer and director of the corporation.

Rutter appeals. He asserts that to be valid his resignation had to be voluntary; that voluntariness depends upon his subjective state of mind; and that therefore a genuine issue of fact existed which precluded the grant of summary…