Longanecker v. Diamondhead Country Club and Property Owners Assoc., Inc.

Docket Number:	1999-CA-00484-SCT

Supreme Court:	Opinion Date: 06-15-2000 Opinion Author: WALLER, JUSTICE Holding: Affirmed

Additional Case Information:	Judge(s) Concurring: PRATHER, C.J., PITTMAN AND BANKS, P.JJ., McRAE, SMITH, MILLS, COBB AND DIAZ, JJ. Procedural History: Bench Trial Nature of the Case: Contract

Trial Court:	Date of Trial Judgment: 02-12-1999 Appealed from: Hancock County Chancery Court Judge: Thomas Wright Teel Disposition: Chancellor ruled that the Longaneckers could not bring suit derivatively as individual shareholders under Miss. Code Ann. § 79-11-193 (1996), and had no standing to sue derivatively as directors because of their failure to make demand on the corporate directors prior to filing suit. In addition, the chancellor gave a judgment in favor of the Association after finding that it had not violated the laws or acted in bad faith.

	Party Name:	Attorney Name:
Appellant:	GARY LONGANECKER AND COELLA LONGANECKER, INDIVIDUALLY AND DERIVATIVELY	DEREK ARTHUR WYATT

Appellee:	DIAMONDHEAD COUNTRY CLUB AND PROPERTY OWNERS ASSOCIATION, INC.; JAMES F. VAN NORMAN, AS PRESIDENT; THE BOARD OF DIRECTORS OF THE PROPERTY OWNERS ASSOCIATION; MEMBERS OF THE BOARD OF DIRECTORS OF THE PROPERTY OWNERS ASSOCIATION, BEING JUDITH STAHL, KEN KIPPING, MARY G. SINDERS, BRIERLEY ACKER, PAUL GUICHET, E. GEORGE CASSIS, CHARLES BUTLER, ALYWYNN J. CRONVICH, PETER J. CASANO AND JIM HOURIN	JOSEPH R. MEADOWS KAREN J. YOUNG

Mississippi College School of Law