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John B. Kugler v. Ron Nelson

June 22, 2012

JOHN B. KUGLER,
PLAINTIFF-APPELLANT,
v.
RON NELSON,
DEFENDANT-RESPONDENT,
AND
EDWIN F. PRATER, DAVID J. POWERS,
WILLIAM J. ARMSTRONG, AND STEVEN
L. KENNISON,
DEFENDANTS.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Randy J. Stoker, District Judge.

The opinion of the court was delivered by: Gratton, Chief Judge

Stephen W. Kenyon, Clerk

2012 Unpublished Opinion No. 532

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order granting summary judgment, reversed; award of attorney fees, vacated; and case remanded for further proceedings.

John B. Kugler appeals from the district court's grant of summary judgment in favor of respondent. We reverse.

I.

FACTUAL AND PROCEDURAL BACKGROUND

From the record which exists, it appears that in April 2002 Nelson took a managerial position with H & M Distributing, Inc., and received stock in H & M as part of his employment. Nelson also signed onto the existing stock subscription and cross-purchase agreement (stockholders agreement). In February 2005, Nelson agreed to purchase an additional twenty shares of stock from the corporation. On or about May 2, 2005, Nelson's purchase of the twenty shares was finalized. On May 6, 2010, Kugler filed a complaint naming Nelson and the other stockholders of H & M as defendants, seeking damages for breach of the stockholders agreement. Kugler's complaint alleged that Nelson breached the agreement by purchasing shares of H & M stock without following the required contractual prerequisites.

Nelson filed an answer and a motion for summary judgment. The matter was set for hearing and, after multiple continuances, a hearing was held on March 14, 2011. The district court concluded that there was no genuine issue of material fact to support Kugler's claim against Nelson and, alternatively, that Kugler's suit was barred by the statute of limitations. The court granted Nelson's motion for summary judgment and included an Idaho Rule of Civil Procedure 54(b) certificate certifying the order as final. See I.R.C.P. 54(b).

Nelson then filed a motion for attorney fees and multiple motions were filed by Kugler, including a motion to reconsider and an objection to attorney fees. After a hearing, the district court denied Kugler's motion to reconsider and granted Nelson's motion for attorney fees. An order and judgment was entered on Nelson's motion for attorney fees and an order was entered denying Kugler's motions. Both of the orders included Rule 54(b) certificates certifying the orders as final. Kugler timely appeals.

II.

DISCUSSION

Kugler lists thirteen issues in his opening brief that can be ...


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