CARUTHERS v. UNDERHILL

No. 1 CA-CV 10-0664.

287 P.3d 807 (2012)

David CARUTHERS and Ruby Rumiko Tanouuye, husband and wife; Kyle T. Underhill; Lawrence J. Warfield, Trustee of the Chapter 7 Bankruptcy Estate of Helena Underhill; Chester W. Allen; and William G. MacBeth, Plaintiffs/Appellants, v. Clinton T. UNDERHILL and Kimberly Underhill, husband and wife; James A. Underhill, a single man; Underhill Holding Company, Inc., a Nevada corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department D.

October 9, 2012.


Attorney(s) appearing for the Case

Aiken Schenk Hawkins & Ricciardi, PC by Joseph A. Schenk and Robert C. Van Voorhees , Phoenix, for Appellants.

Jennings, Strouss & Salmon, PLC by Michael J. O'Connor and John J. Egbert , Phoenix, for Appellees Clinton T. Underhill, Kimberly Underhill and James A. Underhill.

Kercsmar & Feltus, PLLC by Geoffrey S. Kercsmar and Gregory B. Collins , Scottsdale, for Appellee Underhill Holding Company, Inc.


OPINION

THOMPSON, Judge.

¶ 1 This case involves the purchase of shares between cousins in a closely held family business. Plaintiffs Kyle Underhill (Kyle) and Helena Underhill (Helena and, collectively, plaintiffs) appeal from a grant of summary judgment in favor of defendants Clinton Underhill (Clinton) and James Underhill (James) and from an award of attorneys' fees to Underhill Holding Company, Inc. (UHC). Plaintiffs alleged that Clinton, an officer...

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