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[APPEALS] David McLean v. Charles Koeppen, et al., 19A-PL-417

Tuesday, November 17, 2020 11:00am to 11:40am

[APPEALS] David McLean v. Charles Koeppen, et al., 19A-PL-417

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David McLean bought into an LLC operating a Greek’s Pizza restaurant in 2014, joining Joshua Trisler and Charles Koeppen as partners. Over time, McLean became a 50% owner but became concerned about withdrawals from a company account made by Trisler and Koeppen. McLean confronted Trisler and Koeppen, who refused McLean access to company records and, in fact, voted to sell the restaurant over McLean’s objection. McLean, on his and the LLC’s behalf, sued Trisler, Koeppen, the LLC, and several other entities, making several claims generally based on the unauthorized sale of the restaurant and misappropriation of LLC funds. Following the violation of discovery orders, the trial court entered judgment on the question of liability in favor of McLean, leaving only the question of damages for litigation. Following a hearing, the trial court determined that McLean had failed to establish damages and entered judgment on all claims in favor of the defendants. McLean appeals, claiming that the trial court erred in concluding that he failed to establish damages and in allowing counsel for the LLC to appear. The LLC cross-appeals, contending that, even if it was appropriate to enter judgment in favor of McLean, it was improper to include the LLC in that judgment, as it had not committed any discovery violations.

The scheduled panel members are Chief Judge Bradford, Judge May, and Judge Vaidik.

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