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Walsh v. Erickson

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Tuesday, March 18, 2014

A-13-0421, Theresa A. Walsh v. Cynthia J. Erickson, Cyndi, Inc., a Nebraska Corporation, and Cabinet Review Studio by Cyndi, Inc., a Nebraska Corporation (Appellant)

Dakota County, District Court Judge Paul J. Vaughan

Attorney for Appellant/Cross Appellee:  John C. Gray, Joel D. Vos (Heidman Law Firm, L.L.P.)

Attorney for Appellee/Cross Appellant:  Richard J. Thramer (Law office of Richard J. Thramer)

Civil Action:  Dissolution of corporation and imposition of a constructive trust

Action Taken by Trial Court:  The district court dissolved the corporation of Cabinet Review Studio by Cyndi, Inc. and imposed a constructive trust on profits earned and kept by Appellant while the corporation was still in existence. In addition, the court awarded appellee attorney fees and expert witness fees.

Assignments of Error on Appeal:  On appeal, Appellant asserts that the district court erred in (1) making certain factual findings that were not supported by the evidence presented; (2) finding misappropriation of corporate assets and opportunities; (3) appointing an interested party to serve as the receiver for the constructive trust; (4) ordering her to pay attorney fees; and (5) ordering her to pay expert witness fees.  On cross-appeal, appellee asserts that the district court erred in concluding that the constructive trust should only be imposed on profits earned through December 31, 2011. 

This page was last modified on Wednesday, October 15, 2014