Delwin L. Huggins et al v. R. Ellsworth McKee et al.

This is the second appeal in this action involving a dispute over setoff claims related to a bankruptcy proceeding. The action commenced when the original plaintiff, Delwin L. Huggins, filed a complaint against the defendants, R. Ellsworth McKee and Alternative Fuels, LLC (“AF”), in December 2007. In July 2009, Mr. Huggins filed for Chapter 7 bankruptcy. In that proceeding, John P. Konvalinka purchased Mr. Huggins‟s interest in this action and was subsequently joined as a substitute plaintiff. Following consideration of the defendants‟ motion for judgment on the pleadings, the trial court dismissed Mr. Konvalinka‟s claims. Upon appeal, this Court affirmed the dismissal as to Mr. Konvalinka‟s claims against Mr. McKee but reversed as to the claims against AF. Upon remand, the trial court dismissed Mr. Konvalinka‟s claims against AF as moot. Having determined that the trial court failed to explain its conclusion that no relief would be possible, we vacate the judgment.