Jivery v. Marciniak
Defendant Carl R. Marciniak challenges a judgment against him, arguing (1) plaintiff Richard L. Jiverys conversion claim was barred by the statute of limitations, and (2) the court improperly denied Marciniaks motion to recover reasonable expenses caused by Jiverys failure to admit facts proved at trial. Jivery cross-appeals, claiming (1) the court improperly refused instructions relating to the alternative (indemnification for loss) measure of damages and . . . Jiverys entitlement to reasonable compensation for his time expended in pursuit of his converted stock, (2) the courts finding that Marciniak and defendant Omar V. Sanchez are not the alter egos of [defendant corporation] Sovcap Advisors, Inc. is not supported by substantial evidence, and (3) Jivery did not waive his right to amend the judgment to add . . . Marciniak and Sanchez as alter ego judgment debtors under the default judgment for fraud and conversion rendered against Sovcap Advisors, Inc.
For the reasons discussed below, Marciniaks contentions in his appeal and Jiverys arguments in his cross-appeal lack merit. Accordingly, Court affirm the judgment.
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