Davis v. VCP South, LLCAnnotate this Case
Appellant Lori Davis, individually and as personal representative of the estate of her husband Keith L. Davis, M.D., appealed three superior court orders dated March 7, 2014, April 1, 2014, and April 21, 2014, which granted mandatory interlocutory injunctions against her and held her in civil and criminal contempt in an action brought against her husband’s estate by Steven M. Roth, M.D. and two Georgia limited liability companies Roth co-owned with Keith Davis. The plaintiffs filed suit against appellant and the Davis Estate seeking to enforce certain provisions of the companies’ operating agreements giving Roth, as the surviving member of the LLCs, an option to purchase Davis’ interests, and to otherwise establish the rights of the parties, including the ownership of certain trademarks. Appellant also appeals an April 21, 2014 order where the trial court adopted the Third Report of the Special Master and limited discovery in the pending case. Appellees, VCP South, LLC, VCP Raleigh, LLC and Mary Anne Roth, individually and as Executrix of the Estate of Steven M. Roth, M.D. cross-appealed, alleging the trial court erred in allowing the Davis Estate to maintain an ownership interest in the LLCs past the time provided for in the operating agreements, and in allowing the distribution of LLC profits accruing after Davis’ death to the Davis Estate. After careful consideration of the parties' arguments on both the appeal and cross-appeal, and finding no reversible error, the Supreme Court affirmed the superior court's orders.