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EMM Credit, LLC v. Alexander Remington et al.

The trial court properly found that creditor's fraudulent transfer claim was not assignable.

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Rickman, Judge.   Nearly 13 years after filing suit, EMM Credit, LLC prevailed in a jury trial against defendants Alexander Remington, Cara Guri, and American National Holding Corporation (“ANHC”). EMM Credit sought a declaratory judgment that Remington is the “true owner” of ANHC, meaning that Remington owns all of the shares of ANHC, and sought to set aside as fraudulent the conveyance of certain property from Remington to ANHC. The jury determined that Remington is the true owner of ANHC and that Remington fraudulently transferred property to ANHC. The trial court subsequently issued an order granting “Defendants’ Renewed Motion for Directed Verdict/Motion for Judgment Notwithstanding the Verdict.” EMM Credit appeals that order , contending that the trial court erred in granting a directed verdict on its declaratory judgment and fraudulent transfer claims and by refusing to admit certain evidence at trial. For reasons that follow, we affirm in part and reverse in part.On appeal from a trial court’s rulings on motions for directed verdict and judgment notwithstanding the verdict, we review and resolve the evidence and any doubts or ambiguities in favor of the verdict; directed verdicts and judgments notwithstanding the verdict are not proper unless there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demands a certain verdict.

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