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IN RE TP ORTHODONTICS, INC.

No. 46A03-1207-MI-324.

995 N.E.2d 1057 (2013)

TP ORTHODONTICS, INC., Appellant-Intervenor, Christopher K. Kesling, DDS, MS, Adam Kesling, and Emily Kesling, Individually and derivatively on behalf of TP Orthodontics, Inc., Plaintiffs-Appellees, v. Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001, and The Andrew C. Kesling Trust Dated March 28, 2001, Defendants-Appellees.

Court of Appeals of Indiana.

September 3, 2013.

Attorney(s) appearing for the Case

Sean M. Clapp , Elizabeth M. Ellis , Clapp Ferrucci, Fishers, IN, Attorneys for Appellant/Intervenor, TP Orthodontics.

Thomas G. Burroughs , Michael W. Hile , Katz & Korin, PC, Indianapolis, IN, Attorneys for Appellee, Andrew C. Kesling.

Robert W. Wright , Dean-Webster Wright LLP, Indianapolis, IN, Shaw R. Friedman , Friedman & Associates, P.C., LaPorte, IN, John A. Conway , John A. Drake , Ladue Curran & Kuehn LLC, South Bend, IN, Attorneys for Joint Appellees, Christopher K. Kesling, DDS, MS, Adam Kesling and Emily Kesling.

OPINION

VAIDIK, Judge.

Case Summary

In 2010, three sibling shareholders, Christopher, Adam, and Emily Kesling ("the siblings"), filed suit against their brother, Andrew Kesling, on behalf of the family business, TP Orthodontics ("TPO"). In response, TPO's board of directors established a special litigation committee to determine whether to pursue the siblings' derivative claims against Andrew, the president...

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