- 14 - B. The Lawsuit We have examined the agreement and the complaint, and, on their faces, the agreement is valid and the complaint properly drawn. J.P. Carolan III, is an attorney who represented RTA in the lawsuit. At trial, he opined that EDS would not be successful in terminating the agreement in its entirety and that RTA “had a claim”. He described RTA’s initial efforts to prosecute the lawsuit, including RTA’s success on the merits in December 1990 in asking for an injunction to prevent EDS from selling the TTS equipment to other investors. He stated that, even after RTA failed to post the bond necessary to have the injunction issued, RTA’s activity on the lawsuit (primarily discovery) continued for a few months, until the lawsuit became dormant for economic reasons in early 1991. Walter W. Manley II, one of the shareholders, a director of RTA, an attorney, and a professor of business administration at Florida State University, College of Business, testified credibly that there was merit to the breach of contract claim that gave rise to the lawsuit. Messrs. Carolan's and Manley’s testimony convinces us that the breach of contract claim in the lawsuit had merit. The second count of the lawsuit related to the marketing rights obtained by RTA from EDS. We presume that, in some part, the injunctive relief that RTA successfully argued for related to that count, and that success convinces us that the marketing rights claim of the lawsuit had merit. Petitioners have presented no evidencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011