determining district court’s order establishing a plan for election of a new board of directions was final where, “[i]f the plan were carried out, the court would not be able to return the parties to their former positions”
How later courts described this case
- determining district court’s order establishing a plan for election of a new board of directions was final where, “[i]f the plan were carried out, the court would not be able to return the parties to their former positions”
- “We find that the adjudication is final because the case falls within the rule that a case may have more than one final order.”
Written by the judges who cited it.
The opinion
CARTER, Justice
(concurring specially).
The majority appears to approve a court-imposed limitation on solicitation of proxies on the ground that it is in the best interests of the company to retain the present directors in whole or in part. I do not believe that a court of equity should condition the election of directors of a membership association in a manner which favors a particular outcome in the elective process. I do believe, however, that there are other reasons, based on promoting fairness in the election process, which justify the limitations which the district court imposed. I therefore concur in the result.