VIRGINIA WHETSTONE (with husband BRUCE MAGUIRE and their company) sued her brother HANK WHETSTONE in a shareholder's derivative lawsuit for fraud last year, a fact no other news outlet reported. Prior article is here.
HANK WHETSTONE's counterclaim and third party claim alleges that VIRGINIA WHETSTONE, CHOCOLATES OF ST. AUGUSTINE, INC. (COSA) and WHETSTONE CHOCALTES, INC. tortiously diverted income from the jointly owned factory-store on King Street to her own company, failed to conduct tours and failed to produce chocolate for their jointly owned business.
HANK WHETSTONE's counterclaim alleges that VIRGINIA WHETSTONE breached her fiduciary duty to her brother and his business and committed a material breach of the Shareholder's Agreement and business plan (drafted by the ROGERS TOWERS law firm).
HANK WHETSTONE asks for an accounting, damages and interest against VIRGINIA WHETSTONE and her company.
VIRGINIA WHETSTONE's lawyers object to the filing of the counterclaim and third party claim.
It's elementary civil procedure that if someone sues you in court, you can sue them back.
It's called a counterclaim.
It's also elementary civil procedure that if there are third parties you think owe you money in the case, you can sue them.
It's called a third party claim.
Motions on the counterclaim and third party claim in the case is set for oral argument in Circuit Court on February 24, 2016.
Thankfully, the WHETSTONES did not agree to arbitration, so we get to see litigation of a business tort case in public, where it belongs.
The St. Augustine Record rarely covers courts unless there's a corpse.
People need to know how our civil courts work, and this case will help educate the public.
Too many people are prey to misinformation from "tort deformers" who would take their rights away.
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