Crumpton v. Vick's Mobile Homes LLC

The plaintiff's action seeking dissolution of two LLCs did not cause her to cease to be a member of those companies under O.C.G.A. § 14-11-601.1 subsection b 4 D.

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This appeal involves the interpretation of OCGA § 14-11-601.1 b 4 D, a portion of the Code section governing the cessation of membership in a limited liability company. The trial court granted partial summary judgment in favor of appellees, holding that appellant Sharon Crumpton ceased to be a member of two limited liability companies by filing a petition seeking dissolution of those companies. While the statute is not a model of clarity, construing the relevant language in its context and in light of our decision in Sayers v. Artistic Kitchen Design, LLC, 280 Ga. App. 223 633 SE2d 619 2006, we conclude that the trial court misinterpreted the meaning of this provision. We therefore reverse.

Sharon A. Crumpton Sharon and Raymond C. Crumpton Raymond are brother and sister who inherited a mobile home park from their father. Two limited liability companies, Vick’s Mobile Homes, LLC and Crumpton Holdings, LLC, were formed in connection with the ownership and management of the park. The siblings have an acrimonious relationship. Sharon has accused Raymond of mismanaging the finances of the mobile home park and preventing her from accessing the park bank account. Raymond for his part has alleged that Sharon is interfering with the park manager, who was appointed by the trial court pending resolution of the dispute and was given exclusive authority to manage the park with no interference from the siblings. Raymond submitted the affidavits of tenants who averred that Sharon harassed, stalked, and threatened them, drove and parked erratically while wearing indecent attire, fed numerous stray cats and raccoons, and danced backward in a Michael Jackson moon-walking manner along the streets of Vick’s, wearing a belly dancer costume, in an inappropriate and bizarre manner.1

Crumpton v. Vick's Mobile Homes LLC

The plaintiff's action seeking dissolution of two LLCs did not cause her to cease to be a member of those companies under O.C.G.A. § 14-11-601.1 subsection b 4 D.

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