Legal Opinion

Kilburn v. Young

Court of Appeals of Georgia

Decided June 30, 2000No. A00A0255PublishedCited by 11 opinions

1Opinion of the Court

Ruffin, Judge.

Galen Kilburn, the majority stockholder of Kilbum-Young Asset Management Corporation (KYAMC), filed a derivative action on behalf of the corporation against Robert Young, alleging among other things that Young misappropriated corporate funds for his own benefit while serving as president and chief executive officer. Young moved to dismiss the complaint on the grounds that Kilbum failed to join the corporation as an indispensable party. The trial court granted this motion, as well as Young’s request for attorney fees. For reasons discussed below, we reverse.

1. Young concedes that…

2Cases cited15 opinions

  1. Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
  2. Ross v. BernhardSupreme Court of the United States · 1969
  3. Davenport v. DowsSupreme Court of the United States · 1874
  4. Phoenix Airline Services, Inc. v. Metro Airlines, Inc.Supreme Court of Georgia · 1990
  5. Thomas v. DicksonSupreme Court of Georgia · 1983

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3Cited by11 opinions

  1. Bobick v. Community & Southern BankCourt of Appeals of Georgia · 2013
  2. Barnett v. FullardCourt of Appeals of Georgia · 2010
  3. McGill v. Lion Place Condo. Assn.Nebraska Supreme Court · 2015
  4. Ex Parte TiffinSupreme Court of Alabama · 2003
  5. Kilburn v. YoungCourt of Appeals of Georgia · 2002

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