1. Home
  2. Browse Decisions
  3. N.E.2d
  4. 790 N.E.2d
  5. 790 N.E.2d 5 (2003)
 

WITTERS v. HICKS

No. 5-02-0250.

790 N.E.2d 5 (2003)

338 Ill. App.3d 751

273 Ill.Dec. 863

C. Michael WITTERS and Diane Witters, Individually and Derivatively on Behalf of Midwest Transit, Inc., Plaintiffs-Appellees, v. Hal D. HICKS, Defendant-Appellant (Midwest Transit, Inc., Defendant-Appellee; Fifth Third Bank, Indiana, Intervenor-Appellee).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted April 8, 2003.

Opinion Filed April 8, 2003.

Attorney(s) appearing for the Case

Lyndon P. Sommer, Sandberg, Phoenix & von Gontard, P.C., St. Louis, MO, for Appellant.

Karen L. Kendall, Brad A. Elward, Timothy L. Bertschy, Mark D. Hansen, Heyl, Royster, Voelker & Allen, Peoria, for C. Michael Witters and Diane Witters.

Terry Sharp, Law Office of Terry Sharp, P.C., Mt. Vernon, IL, Sharon D. Shanahan, Law Offices of Sharon Shanahan, Goreville, for Midwest Transit, Inc.

Andrew C. Ozete, Bamberger, Foreman, Oswald & Hahn, Evansville, IN, for Fifth Third Bank, Indiana.

Justice MAAG delivered the opinion of the court:

C. Michael Witters and Diane Witters (plaintiffs), individually and derivatively on behalf of Midwest Transit, Inc. (MWT), a nonpublic corporation, filed a three-count complaint in the circuit court of Lawrence County against Hal D. Hicks and MWT. The complaint alleged that Hicks, a 50% shareholder, had breached his fiduciary duty to plaintiffs and had converted corporate assets for his own use. Plaintiffs sought statutory...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases