The Utah Court of Appeals is considering whether to revive a civil lawsuit filed against pro-golfer Tony Finau and members of his family.
In arguments on Tuesday, a three judge panel questioned whether it was too late for early backers of Finau and his brother, Gipper, to recoup any money they claim they were promised.
A judge in Provo's 4th District Court dismissed Hunter's lawsuit in 2021, ruling that investors were past a statute of limitations to sue for breach of contract and the dispute was with the company itself. Hunter appealed to the Utah Court of Appeals. In arguments, Hunter's attorney acknowledged the original contracts had ambiguous terms.
"We don't have those terms, but typically they include wind-up provisions and an allocation of assets and where they would go forward," Leah Aston, Hunter's attorney, replied."You have to also give effect to the term 'any future revenue.' What is this term? Future revenue can’t refer to future revenue of the Finau Corporation because it comes right after a contemplation that the Finau Corporation has been dissolved. Future revenue in this case...
The judge also questioned claims that there was an effort to conceal any earnings when one just needs to turn on the Golf Channel.
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