Legal Opinion

TM2008 Investments, Inc. v. Procon Capital Corp.

Court of Appeals of Arizona

Decided March 27, 2014No. 1 CA-CV 12-0648PublishedCited by 9 opinions

1Opinion of the Court

OPINION

WINTHROP, Judge.

¶ 1 TM2008 Investments, Incorporated, Bonnie Vanzant, and James Vanzant appeal a judgment against them following a jury trial. Appellants identify a number of arguments on appeal, principally that the trial court erred by finding that they necessarily owed fiduciary duties to ProCon Capital Corporation, a fellow member of Doveland Developments, an Arizona limited liability company (“LLC”), and therefore had no liability based on an alleged breach of such duty. For the following reasons, we reverse and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

¶ 2 In 2007,…

2Cases cited9 opinions

  1. Dawson v. WithycombeCourt of Appeals of Arizona · 2007
  2. Stratton v. Inspiration Consolidated Copper Co.Court of Appeals of Arizona · 1984
  3. Advance Leasing & Crane Co. v. Del E. Webb Corp.Court of Appeals of Arizona · 1977
  4. Hurst v. HurstCourt of Appeals of Arizona · 1965
  5. Durnin v. Karber Air Conditioning Co.Court of Appeals of Arizona · 1989

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3Cited by9 opinions

  1. Plank v. CherneskiCourt of Appeals of Maryland · 2020
  2. Sky Harbor Hotel Props., LLC v. Patel Props., LLC (In Re Sky Harbor Hotel Props., LLC)Arizona Supreme Court · 2019
  3. Butler Law v. Hon. higgins/winslow MemorialArizona Supreme Court · 2018
  4. Robert Fleming v. State of Arizona, Az. Dept. of Public Safety, GallivanCourt of Appeals of Arizona · 2014
  5. Botanisol Holdings II, LLC v. PropheterNorth Carolina Business Court · 2021

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