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NORTHLAKE DEVELOPMENT L.L.C. v. BANKPLUS

No. 2010-FC-01308-SCT.

60 So.3d 792 (2011)

In the Matter of NORTHLAKE DEVELOPMENT L.L.C.: Kinwood Capital Group, L.L.C.; George Kiniyalocts, Individually and as General Partner of Kiniyalocts Family Ptrs. I, Ltd. v. BANKPLUS.

Supreme Court of Mississippi.

May 5, 2011.

Attorney(s) appearing for the Case

Danny E. Ruhl , William H. Leech , Ridgeland, attorneys for BankPlus.

James R. Mozingo , William M. Simpson, II , Ridgeland, attorneys for Kinwood Capital Group, L.L.C.

EN BANC.

DICKINSON, Presiding Justice, for the Court:

¶ 1. Michael Earwood, the minority member of Kinwood Capital Group, LLC,1 secretly formed Northlake Development, LLC, with himself as sole owner. Earwood then signed a deed purporting to transfer a parcel of Kinwood's property to Northlake, which then granted a deed of trust on the property to secure a bank loan. Northlake later defaulted on the loan and filed bankruptcy, listing the property...

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