03 Feb When Family and Business Don’t Mix – Clients Win Motion to Dismiss in Real Estate and Contract Actions Brought Against Them by Brother and Sister-In-Law
The attorneys at Van Matre, Harrison, Hollis, Taylor, and Elliott, P.C., work diligently to achieve the best possible outcomes for our clients. The following case is an example of the thousands of successful outcomes the firm has obtained for clients. No case result is a guarantee, prediction or warranty of the results that may be obtained in your case. Each case is unique and depends upon facts – your results may vary.
When Family and Business Don’t Mix – Clients Win Motion to Dismiss in Real Estate and Contract Actions Brought Against Them by Brother and Sister-In-Law
A client came to our firm because his brother and sister-in-law sued him and a trust he had previously created with his deceased wife. The brother and sister-in-law (the plaintiffs) claimed that our clients (the man and the trust) “clouded title” to certain real estate, breached a contract, slandered title to the real estate, and committed conversion of the real estate. No one wants to be sued, especially not by their own family members, who were seeking hundreds of thousands of dollars in claimed damages. The attorney working with our clients well understood the delicate and interesting interpersonal relationships at play in this case in order to best help the clients in the most expeditious way possible. Our firm successfully obtained a dismissal of every count of the five-count petition in less than six months, without having to engage in the expensive process of drafting and answering discovery and in going to trial.
Our firm was able to achieve such a favorable outcome for these clients because our knowledge and experience enabled us to find the best possible legal arguments to persuade the judge in this case. The plaintiffs misguidedly thought that some land transactions between our clients and certain business entitles owned and operated by the plaintiffs, transactions which happened over a decade ago, were fraudulent. The plaintiffs also mistakenly thought that a contract was breached and they claimed damages under the contract of almost $300,000. However, the judge granted our clients’ Motion to Dismiss, which dismissed the five-count petition, because the plaintiffs had not pleaded the corporate status or good standing of business entities, the plaintiffs themselves took actions to create the cloud on title, there was no enforceable contract, and each count was time-barred.
This case is a great example of how knowledgeable and experienced attorneys, like those at Van Matre, Harrison, Hollis, Taylor, and Elliott, P.C., can achieve the best possible, and a cost-effective, outcome for clients.
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