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Yolo

04/23/23 12:15 PM

#63692 RE: Spites #63690

If the share cancellation was approved too early, and before Calasse had a chance to properly answer, wouldn’t that have been remedied in the second hearing?



I think there are arguments for either side. He was there in person, he had the second hearing, etc. support the idea he had the opportunity to defend himself.

But the lack of notice before the first hearing and the lack of time to prepare give him legit arguments that it was insufficient.

But the reality is nobody is going to agree, it's contentious enough it would take the court to decide for anyone to admit they might be wrong.


However... it doesn't matter because he was never named defendant or served with process. So the second hearing can't remedy anything because there was still a deficiency. As he was never named defendant or served, whatever judgment was reached is completely unenforceable against him.

That's what I think the issue is that the NVSC will have to deal with. Had he been named defendant, the act of showing up might have worked against him, waiving rights or whatnot. But since he was never named...