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KCI v. HOLM WRIGHT HYDE & HAYS PLC

No. 1 CA-CV 13-0430.

341 P.3d 1156 (2014)

KCI RESTAURANT MANAGEMENT LLC, an Arizona limited liability company, derivatively on behalf of SVP Restaurant Financing, LLC, Plaintiffs/Appellants/Cross-Appellees, v. HOLM WRIGHT HYDE & HAYS PLC; Brad Holm and Barbara Holm, husband and wife; and Christopher S. Welker and Teresa Welker, husband and wife, Defendants/Appellees/Cross-Appellants.

Court of Appeals of Arizona, Division 1.

December 16, 2014.

Attorney(s) appearing for the Case

Sherrets Bruno & Vogt LLC, By James D. Sherrets, Jason M. Bruno, Omaha, NE, Counsel for Plaintiffs/Appellants/Cross-Appellees.

Jones, Skelton & Hochuli, P.L.C., By Georgia A. Staton, Eileen Dennis GilBride, Phoenix, Counsel for Defendants/Appellees/Cross-Appellants.

Judge MAURICE PORTLEY delivered the Opinion of the Court, in which Presiding Judge PATRICIA A. OROZCO and Judge RANDALL M. HOWE joined.

OPINION

¶ 1 We are asked to resolve whether KCI Restaurant Management LLC ("KCI"), an ousted member of SVP Restaurant Financing, LLC ("SVP"), can bring a derivative action on behalf of SVP despite the plain language in Arizona Revised Statutes ("A.R.S.") section 29-831 (2014) that only members of a limited liability...

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