- 3 -
that pursuant to Rule 60, Mr. Wilde is not the proper party to
bring this action.
On March 3, 2000, petitioners filed a joint response to
respondent’s motion (petitioners’ response). In petitioners’
response, petitioners argue that Mr. Wilde is their trustee and
thus, the proper party to bring this action. In support of their
contention, petitioners attached two documents both entitled
“Minute–-Stern & Stein L.L.C.” (the minutes).2 The minutes are
identical and provide, in relevant part:
A special meeting of the members has been called
for the purpose of amending the purpose and operation
of the L.L.C.
* * * * * * *
It is hereby resolved that it is in the best
interest of all parties concerned to replace the
trustee on all trusts where the LLC is named. To this
end and in fulfilling the requirements for succession
John P. Wilde and Jimmy Chisum have been selected as
successors.
Cliff Jennewin and Richard Scarborough signed the minutes on
behalf of Stern & Stein. Mr. Wilde and Jimmy Chisum also signed
the minutes to signify that they accepted the appointment as
trustees.
In petitioners’ response, they further argue:
the issue concerning Mr. Wilde’s capacity as Trustee
falls within the exclusive jurisdiction of the superior
court here in the State of Arizona. * * * At this
2 We believe that the entities referred to as “Stein &
Stein” and “Stern & Stein” are one in the same.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011