Thompson v. Schmitz

MARING, Justice.

[¶ 1] Ronald E. Schmitz, ARRK Investments, Inc. (“ARRK”), and RES Investments, Inc. (“RES”), doing business as Ultimate Transportation, appeal from an amended judgment awarding Rodney Thompson and Karen Thompson damages for conversion, attorney fees, and costs and disbursements in their personal and shareholder derivative action involving ARRK. The Thompsons have cross-appealed. We conclude the district court erred in basing its decision on a theory not pled by the parties and in treating certain assets as non-corporate assets. We affirm in part, reverse in part, and remand…