Pennington v. Dillard Supply, Inc.
Docket Number: | 2002-CA-01687-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Collection - Administrative dissolution of corporation - Individual liability Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Trial on Merits Nature of the Case: CIVIL |
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Trial Court: |
Date of Trial Judgment: 04-15-2002 Appealed from: Pontotoc County Circuit Court Judge: Paul S. Funderburk Disposition: FOUND PONTOTOC BUILDING MATERIALS, INC. AND BOBBY PENNINGTON, INDIVIDUALLY LIABLE FOR DEBT OWED TO DILLARD SUPPLY, INC. Case Number: CV99-137R |
Party Name: | Attorney Name: | |||
Appellant: | Bobby Pennington, Individually |
ANNE E. PITTS
STEPHAN L. MCDAVID |
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Appellee: | Dillard Supply, Inc. | ROGER M. TUBBS |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
Topic: | Collection - Administrative dissolution of corporation - Individual liability |
Summary of the Facts: | Dillard Supply, Inc. filed a collection action against Pontotoc Building Materials, Inc. and, its sole shareholder, Bobby Pennington. The court entered a judgment against Pontotoc Building Materials, Inc. and Bobby Pennington, finding Pennington personally liable for the debt. Pennington appeals. |
Summary of Opinion Analysis: | Pontotoc Building Materials, Inc. was administratively dissolved by the Mississippi Secretary of State for failing to file an annual report. During the period of administrative dissolution, Pennington continued to operate the business and purchased supplies from Dillard Supply, Inc. The basis for Pennington’s individual liability was that the debt was incurred while Pontotoc Building Materials, Inc was administratively dissolved. Subsequently, Pontotoc Building Materials, Inc. was reinstated by the Mississippi Secretary of State. Pennington argues that the reinstatement of the corporation relieves him of any personal liability. It is an appellant's duty to justify his arguments of error with a proper record or the trial court will be considered correct. Here, the record consists of a final judgment, Pennington's motion for reconsideration with attached exhibits, Dillard Supply, Inc.’s response, Pennington's rebuttal, and the court’s order denying the motion for reconsideration. There is no documentary evidence. Because Pennington has failed to place the necessary record pertaining to his assignment of error before the court, the trial court's judgment is affirmed. |
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