Berenergy Corp. v. Zab, Inc.

Opinion by

Judge RUSSEL.

In this declaratory judgment action, plaintiff, Berenergy Corporation, appeals the trial court’s judgment dismissing its amended complaint. Defendants, Zab, Inc; Zalman Resources, Inc.; Daven Corporation; and Sport Resources, Inc., cross-appeal the court’s order denying attorney fees. We affirm in part, reverse in part, and remand with directions.

Sheldon K. Beren incorporated Berenergy to invest in drilling and acquisition ventures in oil and gas wells. In 1985, each of Beren’s sons formed a corporation to participate in Berenergy’s ventures. These ventures were…