Starboard Resources, Inc. v. Henry

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** STARBOARD RESOURCES, INC. v. CHARLES HENRY III ET AL. (AC 41922) Lavine, Prescott and Moll, Js. Syllabus The plaintiff sought an interlocutory judgment of interpleader to determine the rights of the defendants, certain individuals and companies (Group I defendants, Group H defendants and Group S defendants), to certain shares of the plaintiff’s common stock. The Group H defendants had commenced two actions, which were consolidated with the interpleader action, against the Group I defendants and the plaintiff, claiming, inter alia, fraud and breach of fiduciary duty, and seeking injunctive relief and monetary damages in connection with the investment by the Group H defendants in three limited liability partnerships. Thereafter, the Group H defendants’ actions were referred to an arbitrator, who issued an award in favor of the Group H defendants, which the trial court con- firmed. Subsequently, in the interpleader action, the Group H defendants filed a motion for an interlocutory judgment of interpleader, asserting that, pursuant to the arbitration award, they were the rightful owners of the disputed shares of stock. The Group H defendants also filed a motion to remand in which they requested that, if the trial court found that the arbitration award was ambiguous as to the ownership of the shares, the court remand the matter to the arbitrator for clarification regarding that issue. The defendant G Co. thereafter file a motion to dismiss the interpleader action on the ground that it was moot. Following a hearing, the trial court denied G Co.’s motion to dismiss, granted the Group H defendants’ motions to remand and for an interlocutory judgment of interpleader, and rendered judgment thereon. On the Group I defendants’ appeal to this court, held: 1. The Group I defendants’ claim that the trial court lacked subject matter jurisdiction over the interpleader action on the ground that the plaintiff lacked standing because its transfer agent, who was not a …Original document