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$________ Contract – Breach of fiduciary duty – Mismanagement of bar – Plaintiff is locked out of business by partners.

Nassau County, FL

This case involved a business litigation dispute amongst equal one-third owners of a limited liability corporation operating a popular bar in downtown Fernandina Beach, Florida. The plaintiff alleged breach of contract (operating agreement), breach of the statutory duties of loyalty and care, and breach of fiduciary duty against his two partners. The defendants denied the plaintiff’s claims.

The plaintiff alleged that the defendants (his partners) had been spending wildly out of the company accounts. After being confronted, the plaintiff claimed that the defendants voted him out of managing member status and locked him out of the business. The plaintiff contended that the defendants grossly mismanaged the business.

The plaintiff sought recovery of his share of all the money that was wrongfully spent, as well as lost profits based on the claimed deviation from standard management practices. The defendants claimed that the funds they spent were salary they earned in working at the bar.After a five day trial, the jury found that each of the two defendants breached the contract, breached their duties of care and loyalty, and breached their fiduciary duties to the plaintiff. The plaintiff was awarded total damages of $________. The plaintiff also claims entitlement to costs and attorney fees based on a proposal for settlement in the amount of $________. Post-trial motions are currently pending.

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