Puklich v. Puklich, et al.
Annotate this CaseElyse Puklich appealed, and Blayne Puklich cross-appealed, a district court judgment awarding Blayne $6,012,230. Elyse and Blayne Puklich were siblings who held ownership interests in a closely-held corporation, Puklich Chevrolet, Inc. (“PCI”, a limited partnership), B&E Holdings, LLP (“B&E”), and a closely-held corporation, B&E Bismarck Limited (“Limited”). In 2013, Elyse initiated this action to dissolve B&E. Blayne responded and asserted his own claims, including a request that the district court compel Elyse to buy his interest in PCI and seeking an award of damages for breach of fiduciary duties. In 2018, the district court issued findings of fact, conclusions of law, and ordered the entry of a judgment: dissolving B&E, compelling Elyse to purchase Blayne’s interest in B&E for $2,940,660, and compelling Elyse to purchase Blayne’s 19 percent ownership interest in PCI for $2,622,000. The judgment also awarded Blayne $300,000 for Elyse’s breach of a fiduciary duty owed to Blayne with respect to B&E. Finally, the judgment provided an award of $149,570 to Blayne for Elyse’s breach of her duty of loyalty and fair dealing in winding up Limited. Upon reviewing the record, the North Dakota Supreme Court was not satisfied sufficient evidence was presented to support the court’s damage award to Blayne for Elyse’s breach of a fiduciary duty with respect to B&E, and therefore reversed that award. The Court affirmed in all other respects.
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