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Granted Appeal Summary

Case

DOROTHY P. DAY, SHAREHOLDER OF M.C. CONSTRUCTION INC., DISSOLVED, A NORTH CAROLINIA CORPORATION FORMERLY v. MCC ACQUISITION, LC, D/B/A VIRGINIA-CAROLINA PAVING CO., A VIRGINIA LIMITED CORPORATION (Record Number 190603)

From

The Circuit Court of the City of Richmond; T. Markow, Judge.

Counsel

Luis A. Abreu and Michael D. Simmons (Luis A. Abreu, PLLC) for appellant.

J. Tracy Walker, IV and Robert W. Loftin (McGuireWoods LLP) for appellee.

Assignments of Error

1. The trial court erred when it granted MCC's Motion for Summary Judgment to MCC when the court: a. failed to view the facts in the light most favorable to the nonmoving party, Day. b. failed to recognize that it could not grant summary judgment in favor of MCC as there were material facts in dispute as to MCC’s motion.

c. failed to determine that the Agreement was ambiguous concerning the Excluded Assets term “stock record” and as MCC was the drafter, any ambiguity should have been resolved in favor of Day.

2. The trial court erred when it denied Day’s Motion for Summary Judgment when the trial court: a. held without sufficient evidence that MCC acquired equitable title to the Stock without endorsement or delivery, and when it held that M.C. Construction, Inc., only held a “chose in action” to the Stock which was subject to transfer without endorsement and delivery.

b. failed to rule that the five-year statute of limitations for contracts and constructive trust claims based on a breach of contract barred any recovery to MCC.

http://www.courts.state.va.us/courts/scv/appeals/190603.pdf