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TM2008 INVESTMENTS, INC. v. PROCON CAPITAL

No. 1 CA-CV 12-0648.

323 P.3d 704 (2014)

TM2008 INVESTMENTS, INC., an Arizona corporation; Bonnie Vanzant; James Vanzant, Plaintiffs/Counterdefendants/Appellants, v. PROCON CAPITAL CORP., an Arizona corporation, Defendant/Counterclaimant/Appellee.

Court of Appeals of Arizona, Division 1.

March 27, 2014.

Attorney(s) appearing for the Case

Sanders & Parks, P.C., By G. Gregory Eagleburger , Phoenix, Counsel for Plaintiffs/Counterdefendants/Appellants.

David C. Larkin, P.C., By David C. Larkin , Tempe, Counsel for Defendant/Counterclaimant/Appellee.

OPINION

WINTHROP, Judge.

¶ 1 TM2008 Investments, Incorporated, Bonnie Vanzant, and James Vanzant appeal a judgment against them following a jury trial. Appellants identify a number of arguments on appeal, principally that the trial court erred by finding that they necessarily owed fiduciary duties to ProCon Capital Corporation, a fellow member of Doveland Developments, an Arizona limited liability company ("LLC"), and therefore had no liability based...

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