Kirkman v. Stoker

KIDWELL, Justice.

Jerald Kirkman appeals from the district court’s judgment in favor of the defendants, Claire and Gene Stoker. Kirkman alleged that the Stokers had converted to their own use property that they held in trust (through several corporations) for Kirkman. The district court, after a ten-day court trial, concluded that Kirkman’s suit was frivolous.

I

FACTS AND PROCEDURAL HISTORY

A. Facts.

Jerald Kirkman was a real estate developer. By the late 1980s Kirkman owed over a half million dollars to his creditors, which included the Internal Revenue Service, judgment creditors, and his…