O'Brien v. Midgett

By

Judge David W. Lannetti

Today, the Court rules on the demurrer and motion to dismiss filed by Defendant Robert Preston Midgett, II, related to the Complaint filed by Plaintiff Nancy O’Brien as co-executor of the Estate of Nancy Midgett (the “Estate”), derivatively on behalf of Jungle Golf of Virginia Beach, Inc. (“Jungle Golf’). Nancy Midgett died testate on January 5, 2014. (Compl. ¶ 3.) A Motion To Stay Discovery pending the outcome of these motions was filed at the same time and has been granted. The issue before the Court on demurrer is whether O’Brien’s pre-suit written demand satisfies…