Epic Enterprises LLC v. 10 Brown & Howard Wharf Condominium Association

Syllabus

The respondent, Bard Group, LLC, appealed from an order of the Superior Court granting the request of the petitioners, Epic Enterprises LLC, Kurt Rauschenbach, Kristin Rauschenbach, and Donna Morvillo, to appoint a temporary receiver. On appeal, the respondent renewed its argument that the petitioners lacked standing to file a motion to appoint a temporary receiver for the respondent and that the hearing justice therefore erred in appointing one. The Supreme Court concluded that the petitioners were neither creditors nor shareholders of Bard Group, LLC, and therefore lacked standing to seek the appointment of a receiver, either under statutory law or as a matter of equity. Accordingly, the Court vacated the order of the Superior Court and held that the receivership should be brought to an immediate close.