Brockley v. Ellis
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The Supreme Court affirmed on appeal two orders of the circuit court in which the court denied the requests brought by Mark and Annessee Brockley to hold Michael Trucano, the Michael J. Truman Living Trust, and Hickoks Hotel & Suites, LLC in contempt, holding that there was no error.
The Brockleys sued several entities seeking the amount remaining due on a contract. The circuit court granted partially summary judgment in favor of the Brockleys. At issue was the circuit court's charging order directing an entity that later changed its name to Hickoks to pay certain distributions owed to the Brockleys. The Brockleys filed motions for an order to show cause claiming that several defendants should be held in contempt for violating the charging order. The circuit court denied the motion. The Supreme Court affirmed, holding that the circuit court was not clearly erroneous when it found that neither Trucano, the Trucano Trust, nor Hickoks willfully or contumaciously violated the charging order.
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