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James and Christine Gordon v. Joseph Kim Kuzara

September 18, 2012

JAMES AND CHRISTINE GORDON, PETITIONERS AND APPELLEES,
v.
JOSEPH KIM KUZARA, INDIVIDUALLY AND AS REPRESENTATIVE OF R THREE, INC.; R THREE INC.; JOSEPH R. KUZARA AND DAVID M. KUZARA, RESPONDENTS AND APPELLANTS.



APPEAL FROM: District Court of the Fourteenth Judicial District, In and For the County of Musselshell, Cause No. DV-09-42 Honorable Randal I. Spaulding, Presiding Judge

The opinion of the court was delivered by: Mike McGRATH

Submitted on Briefs: August 15, 2012

Decided: September 18, 2012

Filed:

Clerk

Chief Justice Mike McGrath delivered the Opinion of the Court.

¶1 Joseph Kim Kuzara, Joseph R. Kuzara, David Kuzara and R Three, Inc., appeal from the District Court's order denying their motion for leave to file an amended answer and the order granting James and Christine Gordon's motion for summary judgment and ordering dissolution of Half Breed Land and Livestock, LLC. We affirm.

¶2 Kuzaras and R Three present the following issues for review:

¶3 Issue One: Whether the District Court properly granted summary judgment, ordering judicial dissolution of the LLC.

¶4 Issue Two: Whether the District Court properly denied Kuzaras' and R Three's motion to amend their answer.

PROCEDURAL AND FACTUAL BACKGROUND

¶5 In June 2006 the parties entered an operating agreement (OA) for a Montana limited liability company called Half Breed Land and Livestock, LLC. The ownership interests in the LLC were James and Christina Gordon, 50%; R Three, Inc., 25%; Joseph

R. Kuzara 12.5%; and David Kuzara 12.5%. Joseph R. and David are sons of Kim Kuzara, and R Three is a Kuzara family enterprise. The managing member of the LLC is Kim Kuzara. Each of the members committed to contribute to the LLC either cash or other items of value such as the use of land.

ΒΆ6 A purpose of the LLC was to raise and sell cattle. The initial herd consisted of cattle formerly owned jointly by Kim Kuzara and David Stacy. Kim Kuzara on behalf of R Three bought out Stacy's interest in the animals, and R Three contributed one-half interest in the herd to the LLC. For part of their contribution to the LLC, the Gordons contributed $26,000 in cash, representing the other half interest in the Kuzara-Stacy herd. The LLC also acquired an interest in real ...


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