Award of Lost Profits Upheld in Partnership Dissolution
The Court of Appeals affirmed the trial court's judgment dissolving a partnership, holding that it was for a fixed five-year term and awarding damages.
Minority Shareholder Cannot Invoke Protections of Cal. Corp. Code 2000
This case is an action for involuntary dissolution of a corporation.
Andresian v. Miller
The court of appeals affirmed the trial courts judgment dissolving a partnership, holding that it was for a fixed five-year term, and awarding damages.
In re Penny Preville, Inc.
In a proceeding pursuant to Business Corporation Law § 1104-a for the judicial dissolution of a closely-held corporation, Jay Siskin and Penny Siskin appeal from an order of the Supreme ...
Olaires v. Technical Cable Concepts
At issue is the fair value of the plaintiff's minority interest in the defendant.
Revised Opinion on Rehearing
In the February 2002 issue, we abstracted the Dec. 10, 2001, opinion in this case. Both parties filed petitions for rehearing, which were granted. This opinion on rehearing replaces the original opinion. The only material change in the new opinion addresses when the withdrawing partner's debt to the partnership should be offset.
Uncompleted Contracts Not Included in Fair Value, Defined as Liquidation Value
The issue in this case was whether the trial court erred as a matter of law in confirming the award of the appraiser, where the appraiser did not include the estimated value of construction contracts that had not been completed as of the valuation date.
New York Appellate Court Upholds Trial Court's Valuation
Petitioner filed suit to dissolve three corporations, and respondent elected to purchase petitioner's shares.
Trahan v. Trahan
The issue was whether to include the estimated value of construction contracts that had not been completed as of the valuation date in value of corporation.
Evidence Supported 15% Long-Term Growth Rate; Court Reduces DLOM
Vetco Inc. is a private, closely held corporation. Kenneth Wolk is Vetco's minority shareholder.
Collision Depot, Inc. v. Zigman
The appellate division upheld the fair value determination on the grounds that it was supported by the record.
Josephine M. Davenport, et al. v. Charles A. Martin, Jr., et al.
The New York Supreme Court, Appellate Division, Fourth District reversed an award of equitable relief by rescinding a stock redemption agreement in favor of a monetary award to plaintiffs consisting of the fair market value of their shares less any offset ...
Monetary Award Consisting of the Value of Stock More Appropriate Than Equitable Relief in Shareholder Matter
The New York Supreme Court, Appellate Division, 4th Department, reversed the lower court's decision rescinding a stock redemption agreement and directing Martin to restore the plaintiff's stock in a building and equipment company.
Section 2000 Fair Value Assumes a Hypothetical Seller's Covenant Not to Compete
This was a voluntary corporate dissolution proceeding.
Low-End Revenue Multiplier Accounts for Corporate Debts
This case involved a claim for unpaid commissions and stock buyout valuation by Jon Billigmeier, the minority owner of Concorde Marketing Inc. , against the corporation and Glenn Willing, the majority owner.
In re Vetco, Inc.
Vetco's minority shareholder commenced this proceeding to dissolve Vetco and Vetco opted to purchase Wolk's shares in lieu of dissolution.
No Evidence to Support 'Going Concern Value' Adjustment
This is an appeal by the remaining partners of the trial court's findings in determining the value of the withdrawing partner's partnership interest as of the date of dissolution.
Mart v. Severson
In voluntary corporate dissolution proceeding, Severson exercised his right under Cal. Corp. Code section 2000 to purchase Mart's shares at their fair value to avoid dissolution.
Actual Noncompete Agreement Not Relevant to Fair Value Determination
The California Court of Appeals, District 1, reversed the lower court’s determination of fair value in this voluntary dissolution proceeding.
Marengo v. Bowen
NOTICE: THIS OPINION WAS REPLACED AFTER REHEARING. WE HAVE KEPT THE ORIGINAL OPINION HERE FOR REFERENCE AND COMPARISON PURPOSES.
Billigmeier v. Concorde Marketing, Inc.
Claim for unpaid commissions and stock buyout valuation by the minority owner of Concorde Marketing, Inc. against the corporation and the majority owner.
Tammy Garlock, et al. v. Southeastern Gas & Power, Inc., et al.
The North Carolina Superior Court for Mecklenburg County determined the fair value of a 39% interest in a natural gas marketing company. The court determined the majority shareholder was guilty of oppressive conduct and appointed an appraiser to value th ...
Key-Man Factors Considered in Fair Value Determination
The North Carolina Superior Court for Mecklenburg County determined the fair value of a 39% interest in a natural gas marketing company.
Conti v. Christoff
At issue is whether the trial court was required to use a valuation method based solely upon the raw assets of the partnership, or whether the court could order further factfinding based on a different valuation method.
Fair Cash Value Not Error in Valuation of Partnership Interest
This case was on appeal from a magistrate's findings and the trial court's rulings regarding valuation of a 25% limited partnership interest.