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EDW Investments, LLC v. Barnett

Supreme Court of Mississippi

October 23, 2014

EDW INVESTMENTS, LLC
v.
MICHELLE BARNETT, SPECTRUM WIRELESS, LLC, MWB HOLDINGS, LLC AND L4, LLC

DATE OF JUDGMENT: 03/22/2013.

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT, TRIAL JUDGE: HON. WILLIAM E. CHAPMAN, III. NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE.

FOR APPELLANT: JEFFREY D. RAWLINGS, JON J. MIMS.

FOR APPELLEES: DORSEY R. CARSON, JR., JULIE C. SKIPPER, CHRISTOPHER D. MEYER.

BEFORE RANDOLPH, P.J., LAMAR AND KITCHENS, JJ. WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.

OPINION

Page 490

LAMAR, JUSTICE.

¶1. EDW Investments, LLC (" EDW" ) filed suit against Michelle Barnett and three corporate defendants, claiming that its judgment debtor had fraudulently transferred assets to them. The trial judge granted Defendants' motion to dismiss, and EDW appeals. Finding no error, we affirm the judgment of the Madison County Circuit Court.

FACTS AND PROCEDURAL HISTORY

¶2. EDW Investments, LLC, obtained a judgment against Techtronics, Inc. (Techtronics) in 2007.[1] On May 16, 2011,

Page 491

EDW sued Michelle Barnett (" Michelle" ), the wife of Techtronics' president, Kevin Barnett (" Kevin" ); [2] Spectrumwireless, LLC; MWB Holdings, LLC; and L4, LLC, claiming that: (1) these limited liability companies " are alter ego entities created solely to conceal the assets and income of Techtronics, Inc.[3] from EDW" and that " Michelle Barnett knowingly participated in these efforts" ; [4] (2) " [t]he assets and income of Techtronics, Inc. were fraudulently conveyed to Michelle Barnett and the shell entities to avoid paying EDW" ; and (3) " [t]he actions of the [Defendants] were grossly negligent, willful and/or intentional and constitute violation of common law duties under Mississippi law."

¶3. Defendants filed a motion to dismiss, arguing, among other things, that the statute of limitations had run on all of EDW's claims under the Uniform Fraudulent Transfer Act, and that EDW did not sufficiently plead its common-law-fraud claim as required by Rule 9(b) of the Mississippi Rules of Civil Procedure. The trial ...


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