1/17/2024 0 Comments Rolf tweeten 2016Nelson's declaratory judgment claim asserted that he owned 10 of the existing 61 membership units in Alliance, thereby giving him a 16.4% ownership interest. 2 All of Nelson's claims were dismissed prior to trial with the exception of the fourth claim seeking a declaratory judgment with regard to Nelson's ownership interest in Alliance. On 25 February 2011, Nelson filed a lawsuit (the Nelson Action) in Superior Court, Wake County, against Alliance, Axis, and Tweeten (collectively, the Alliance Defendants) in which he asserted claims for (1) breach of fiduciary duty (2) constructive fraud (3) judicial dissolution of Alliance (4) a declaratory judgment regarding the extent of Nelson's ownership in Alliance's "membership interest units" and (5) wrongful termination. He served in that role until 31 January 2011. Nelson was also made a director of Alliance and later became Chief Financial Officer of the company. In 2008, Tweeten reached an oral agreement with Nelson that granted him a limited ownership interest in Alliance. Around this same time, Tweeten hired Nelson as a consultant to help him acquire the remainder of Alliance. In 2007, Axis purchased a 51% interest in Alliance. In order to fully analyze the issues before us in this appeal, it is necessary to review in some detail the extensive factual and procedural history between the parties. Orlando is a judgment creditor of Nelson. Axis is wholly owned and managed by an individual named Rolf Tweeten. (Axis) is an Illinois corporation that is the majority owner of Alliance. Nelson is a former employee of Alliance who possesses an ownership interest in the company. Alliance is a Georgia company that provides hotel management services with its principal place of business in North Carolina. This appeal arises from the latest lawsuit in protracted litigation between Kenneth Nelson Alliance Hospitality Management, LLC (Alliance) and Orlando Residence, Ltd. Based on our conclusion that the dismissal of the defendant's crossclaims here was proper, albeit on different grounds than those relied upon by the Business Court, we modify and affirm the decision of the Business Court. In this case, we address several issues relating to the ability of a defendant to assert crossclaims against a co-defendant pursuant to the North Carolina Rules of Civil Procedure. Kenneth Nelson, defendant-appellant, pro se. , for defendant-appellees Alliance Hospitality Management, LLC, Rolf A. Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L. No brief for plaintiff Orlando Residence, Ltd. Heard in the Supreme Court on 11 December 2019. Gale, Senior Business Court Judge, in Superior Court, Wake County, after the case was designated a mandatory complex business case by the Chief Justice pursuant to N.C.G.S. ยง 7A-27(a)(2) from an order entered on 20 December 2018 by Judge James L. ALLIANCE HOSPITALITY MANAGEMENT, LLC, ROLF A.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |