XTC Investments v. Bluenose Trading
Plaintiff XTC Investments, LLC (XTC or plaintiff) made a series of loans to Fortuna Investment, Inc. (Fortuna), which defendant Sanford Gaum (Gaum) personally guaranteed. The loans were not repaid, and XTC obtained a default judgment in federal district court against Gaum and Fortuna. XTC then initiated the present action against Gaum and defendant Bluenose Trading, Inc. (Bluenose), asserting that Gaum created and used Bluenose to conceal his assets from creditors. After a three-day bench trial, the trial court entered judgment for XTC.
Defendants Gaum and Bluenose (collectively, defendants) contend on appeal that (1) they were prejudiced by posttrial amendments to the complaint, (2) substantial evidence does not support the verdict and the verdict is against the law, (3) the damages are excessive, and (4) the trial court erred in denying their motion to abate. We affirm.
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