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Appeals court reviews conflicting record in business dispute over alleged fiduciary duty
Summary
Appellant argued the trial judge clearly erred in findings that Musos lacked an ownership or officer role and that those errors masked breaches of fiduciary duty; respondent said the written record and credibility findings support the judgment. The court questioned provenance of bank wires and documents and took argument under advisement.
The appeals panel heard argument in a multi‑count civil appeal involving alleged fraud and fiduciary breach in a vending‑machine business transaction between Richard Kirby and John Musos (Pond View entities).
David Bykovsky, representing Kirby, said the trial court’s factual findings were clearly erroneous because documentary evidence and testimony…
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