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American Nat'l Holding Corp. v. EMM Credit LLC

The defendant failed to prove in its motion for summary judgment that a fraudulent transfer claim filed in 2003 regarding the transfer of certain real property in 1996 was time-barred.

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In this interlocutory appeal, American National Holding, Inc. challenges various pretrial rulings: i the denial of its motion for summary judgment on a fraudulent transfer claim asserted against it; ii rulings resulting in a party substitution; and iii the denial of its motion to preclude admission of certain evidence at trial. For reasons discussed below, the summary judgment ruling is affirmed, the substitution rulings are affirmed, the evidentiary ruling is vacated, and the case is remanded for proceedings not inconsistent with this opinion.

This litigation was commenced on November 14, 2003 by a California company, NCOM, Inc. f/k/a Newcom, Inc. In its complaint, as amended, NCOM alleged that one of its former directors, Alexander Remington, had entered into a plea agreement in September 2002, wherein he pled guilty in a federal court in California to embezzling a specified sum of money from NCOM from 1996 through early 1999; that in 2006, it NCOM had obtained in that court a monetary judgment hereinafter the “California Judgment” for that amount against Remington, jointly and severally with his domestic partner and a Georgia company Micro Equipment Corporation of which Remington owned 95 percent of the stock.

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