Simmons v. Ball

PARKER, Justice.

John B. Simmons, Jr., appeals from a summary judgment entered in favor of Mike Ball. The trial court’s judgment permanently enjoined Simmons from enforcing the mortgage that gave rise to this controversy by foreclosing on the mortgaged property. We reverse and remand.

Facts and Procedural History

On May 10, 2005, two brothers, Kelly Andrew Ball (“Andy”) and Mike, organized a limited-liability company known as Hard Ball, LLC (“Hard Ball”), in which they were the sole members. Article VILa. of the articles of organization placed “[a]ll affairs, business, functions, and dealings of…