Corporate Law: Limited Liability Company-Member Status-Involuntary Withdrawal

Where a plaintiff brought a declaratory judgment action to determine the limited liability company member status of defendant in a dispute arising from the defendant’s alleged misuse of LLC funds, the filing of a petition to determine LLC status did not constitute an act of withdrawal under Section 347.123(4)(c), so the judgment is reversed and remanded.

Judgment is reversed.

Nicolazzi v. Bone (MLW No. 74098/Case No. ED107775 – 9 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis City, Hettenbach, J. (John A. Kilo, Timothy W. Callahan and Edward A. Gilkerson for appellant) (Michael E. Donelson for respondent).