Grand Teton Mountain Investments, LLC v. Beach Properties, LLC

OPINION ON MOTION FOR REHEARING

Before SCOTT, P.J., BATES, J. and BURRELL, C.J. PER CURIAM.

After we issued our opinion, Grand Teton sought rehearing as to Point II, citing Rule 55.33(b) and alleging in part that a breach of fiduciary duty claim was tried “by express and implied consent of the parties, and therefore must be treated in all respects as if it had been raised by the pleadings.” Assuming arguendo this was true, Point II still fails.

Grand Teton cites BDCS’s close relationship with Beach’s counsel, but this did not bar BDCS from acting as trustee. See Boatmen’s Bank of Pulaski County…