Pennington v. Dillard Supply, Inc.


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Docket Number: 2002-CA-01687-COA

Court of Appeals: Opinion Link
Opinion Date: 11-04-2003
Opinion Author: Griffis, J.
Holding: Affirmed

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

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



 

Appellee: Dillard Supply, Inc. ROGER M. TUBBS  

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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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