Jon E. Shell v. D. Scott King

Jon and Rebecca Shell ("Plaintiffs") sued D. Scott King ("King") after a limited liability company formed by the three of them went out of business. Plaintiffs sought dissolution of the company known as The Big Red Barn, LLC ("the Company" or "the LLC"). Plaintiffs also claimed King had breached his fiduciary obligations to both them and the LLC. The trial court referred this case to a Special Master and after a trial, the Special Master issued a report concluding King was negligent and had breached his fiduciary obligations and recommending that plaintiffs be awarded a judgment which included some, but not all, of plaintiffs' attorney fees and expert witness fees. The trial court confirmed the report of the Special Master in all respects. We modify the judgment of the trial court and affirm as modified.