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DIEDRA SCHAEFER, ET AL. v. JAMES A. FRANZONI
Business law — Dissolution of LLC — Specific performance
Diedra Schaefer, Michael Schaefer, and James A. Franzoni, the owners of two related LLCs, were at loggerheads over how to address a lawsuit alleging that their businesses were unlawfully polluting the soil, groundwater, and surface water. After the parties were unable to agree on an appropriate course of action, Mr. Franzoni filed a complaint in the Circuit Court for Queen Anne’s County for the judicial dissolution of one of the LLCs.
Before trial, Mr. Franzoni filed what he called a motion for “specific performance,” to compel the Schaefers to cooperate with his efforts to shut down one of the LLCs. In response to the motion, the court ordered the appointment of a third-party receiver who would displace both Mr. Franzoni and the Schaefers and dissolve that LLC. The Schaefers appealed.
