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Whiskey Barrel Planters Co., Inc. v. American GardenWorks, Inc.

When:
WED, OCT 24, 2012 at 9:45 AM
Case No:
04S03-1209-PL-503
County:
Benton
Current local time is: SUN, NOV 23, 2014, 10:39 AM
vod.ilight.net:1935/vod/_definst_/mp4:supremecourt/10242012_0945am.mp4

Case Summary

After purchasing "substantially all" the assets of Whiskey Barrel Planters, American GardenWorks filed a complaint alleging Whiskey Barrel Planters and its two shareholders failed to turn over certain assets included in the sale. Whiskey Barrel Planters filed counterclaims for conversion and replevin. The Benton Circuit Court denied Whiskey Barrel Planters' motion for partial summary judgment. After a trial, the court entered judgment for American GardenWorks. The Court of Appeals reversed, concluding the sale of "substantially all" the assets of Whiskey Barrel Planters did not include season football tickets, shareholder loans, or personal property, and that the shareholders were entitled to recover any personal property converted by American GardenWorks. The Court of Appeals remanded for further proceedings on the attorney's fees awarded to American GardenWorks. Whiskey Barrel Planters Co., Inc. v. American GardenWorks Inc., 966 N.E.2d 711 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.



Counsel:
Steve Pennell, for the Appellant
Phil Fowler & Karl Mulvaney, for the Appellee