Indiana Court of Appeals
Andrew Nemeth Properties, LLC, and Andrew J. Nemeth v. William A. Panzica, Thomas C. Panzica, Philip E. Panzica, & NP3, LLC
23A-PL-1383
Civil plenary. Reverses the Marshall Circuit Court’s award of summary judgment in favor of William Panzica, Thomas Panzica, Phillip Panzica and NP3, LLC on Andrew Nemeth’s breach of contract claim and its bench judgment in favor of the defendants on Nemeth’s unjust enrichment claim. Finds that an LLC’s initial membership can be established by oral contract and that there exist genuine issues of material fact as to whether Nemeth and the Panzica Brothers orally agreed to form NP3 as equal members. Also finds that Nemeth was entitled to a jury trial on his unjust enrichment claim.