Wednesday, March 31, 2010

Court reviews order to comply with request to inspect corporate records and to pay attorney's fees

BETH PROFFITT v. SMOKY MOUNTAIN WOODCARVERS SUPPLY, INC. (Tenn. Ct. App. March 31, 2010)

The plaintiff filed this action seeking to review the business records of the defendant, asserting under oath that she is a 25 percent shareholder of the defendant corporation. The defendant moved to dismiss. The trial court found that the plaintiff had complied with the requirements of Tenn. Code Ann. section 48-26-104(a) - the corporate records statute - and ordered the defendant to comply with the request to inspect and/or copy corporate records. The trial court also ordered the defendant to pay the plaintiff's attorney fees. We reverse.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/proffittb_033110.pdf