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I have already recommended Brock Built Homes to people I know and care about who wish to build a home and will continue to do so.. According to a lawsuit they filed in September 2015, the siblings didn't learn they were disinherited until Brock died from mesothelioma cancer in March 2015. Brockovich became instrumental in building a case against PG &E, alleging the company contaminated the town's drinking water. Thus, given the clear language of the contract that the parties would use the accountant's calculation to determine profit margin for the purpose of calculating Blake's share of profit (bonus), the parties are bound by that plain language. Its what Better Living is all about. FN14. And he wants the state to pay him $5 million. We agree with the trial court and affirm the award of 12 months severance to Blake.14. Brock Built contends that the trial court erred in authorizing service by . why is jason ritter in a wheelchair Please try again. TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. Not only was it my first home, it was my first new home, and Brock Builts building and design process helped keep my mind at ease that all the bases were being covered. Whether Blake forfeited half of his severance was not at issue during the previous appeal..FN11. Brock Built Homes LLC Address: 1110 Northchase Parkway Suite 150 Marietta, GA 30067 Use our bidding system to request a quote Brock Built Homes LLC Their BuildZoom score of 99 ranks in the top 15% of 84,062 Georgia licensed contractors. brock built lawsuit; 1968 shelby gt500kr convertible; 2021 bass cat cougar for sale near hamburg; facts about scouting in other countries; Seleccionar pgina. Turner Broadcasting System, 627 F. Supp. They are committed to quality and . rush street bars 1980. lutheran liturgical calendar 2022; drug bust salisbury, md 2020; north berwick witch trials primary sources; hallmark very merry christmas giveaway winners; Brock Built also challenges the attorney fee and cost award to Blake. Both parties filed cross-motions for summary judgment. FN16. Plaintiff has failed to carry his burden of proving by a preponderance of the evidence that the net profits for 2005 were other than those represented by the accountants. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. Contact; Call Us Today. The families bought homes built by Trinity Homes, LLC ("Trinity") in Indiana between June 1, 1998, and October 31, 2002. James . FN19. Horton's city manager of the west division of Louisiana, said in a recorded conversation that the building company follows federal building codes that may . Greenspace. In an effort to pay tribute and bring hope to people battling cancer, Brock Built Homes has partnered with the Leukemia & Lymphoma Society (LLS) to support its mission of curing blood cancer and improving the quality of life for patients and their families. We disagree. Thus, the financial statement produced by HLB Gross Collinsthe accounting firm employed by the Companyproperly reflects the profit margin upon which Blake's bonus would be based, as contemplated by the parties in their contract. Cf. I would choose Brock Built again and if you want to make the best choice, you should too!. Williamson v. Strickland & Smith, Inc., 296 Ga.App. Whether Blake forfeited half of his severance was not at issue during the previous appeal. 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. at 820821(2)..FN4. at 72-74, 110 S.E.2d 128. I love the team, I love the house, I love the neighborhood, and Thank God everyday for giving me the opportunity to live in the most beautiful home that I have ever owned! brock built lawsuit to help you with preventative maintenance in and around your home. Blake concedes that he began doing business for Terranova Properties in February 2006, the same month his employment relationship with Brock Built was terminated. But, even assuming that Brock Built's consolidated financial report and the 2005 tax return constitute inconsistent statements, we are not authorized on summary judgment to construe them against Brock Built in light of the sworn declaration from the nonparty accountant who prepared both documents. By letter dated February 24, Blake objected to Brock Built's termination of him without written notice, denied Brock Built had cause to terminate him, and demanded severance payments in accordance with the terms of the Contract. The meeting went wonderful and I immediately felt that Brock Built and West Highlands at Habersham was where I wanted my dream to come true! The employment contract between Brock Built and Blake entitled Blake to severance compensation if Brock Built terminated the employment relationship, unless it was terminated for cause. All rights reserved. FN11. Brock Built Homes | 1,447 followers on LinkedIn. FN3. Subject to change without notice. Contact Us | Brock Built Find Out About Great Interest Rate Specials and Reduced Pricing. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. This site is protected by reCAPTCHA and the Google. The Project Manager manages all activities of company members, trade contractors, material suppliers and inspectors within the assigned community. I met withDahlia Aitova to start making my dream come true of building my first home. Patents on Brocks PowerBase and PowerBase YSR products (Case No. The lawsuit says Leslie Gulliken, D.R. I modified an existing floor plan and picked out my own colors and fixtures. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. 1-866-768-6005. . Nonetheless, Blake and Brock reconvened the following Monday, February 13, and, in a meeting transcribed in a manner consistent with the first, Brock presented Blake with a proposed severance agreement offering him a fraction of the severance payments to which he was otherwise contractually entitled to receive in the event of termination without cause. FN15. I met withDahlia Aitova to start making my dream come true of building my first home. at 751(1). From skilled contractors to building materials, only the best will do. Approximately eleven months after your home purchase, you can contact our office to set up a courtesy walk. Brock commenced the brief meeting by announcing, "I think we need to go ahead and end the relationship. Patents on Brock's PowerBase and PowerBase YSR products (Case No. 751, 758(5), 556 S.E.2d 517 (2001); Physician Specialists in Anesthesia v. Wildmon, 238 Ga.App. Brock USA, LLC and NexxField, Inc. settled their lawsuit that was pending in the U.S. District Court for the Northern District of Illinois in which Brock asserted that NexxFields Original NexxPAD product infringes six U.S. And when Blake presented a sworn affidavit asserting that he had never improperly withheld payment of an invoice, Brock Built failed to point to any such properly submitted yet intentionally delayed expense and/or any other competent evidence of invoices not being paid at Blake's direction. Brock Built corporate office is located in 1110 Northchase Pkwy SE Ste 150, Marietta, Georgia, 30067, United States and has 140 employees. The meeting went wonderful and I immediately felt that Brock Built and West Highlands at Habersham was where I wanted my dream to come true! 712, 716(3), 531 S.E.2d 126 (2000); Constr. 68, 72-74, 110 S.E.2d 128 (1959). Thank you Dahlia, Barry, Mark, Steve, Evanne, Brian, Joe and anyone else that helped me with my new home!, We could not be any more pleased with our home purchase through Brock Built. 191, 197(IV)(A) (11th Cir.2007). We affirm the imposition of attorney fees and costs against Brock Built, but we reverse and remand the case to the trial court for determination of the proper amount of the award. A fundamental assumption is that the two. Various floor plans including 2-4 bedroom townhomes, 2 car garages, basements. at 821823(3)..FN5. See, e.g., Yargus v. Smith, 254 Ga.App. LEXIS 18246, *9-10(II) (N.D.Ga.1997). Co. v. Johns, 874 F.2d 1447, 1461(III)(B)(2) (11th Cir.1989); Cottle v. Storer Communication, 849 F.2d 570, 574(II) (11th Cir.1988); In the Matter of Tom's Foods, Inc., 2005 WL 3022022, *2, 2005 Bankr.LEXIS 2062, *6 (M.D.Ga.2005). 4. 330, 334(2) (705 S.E.2d 214) (2010). LEXIS 18246 at *5-6, 10 (granting summary judgment to corporate officer despite evidence of "a laundry list of alleged failings and shortcomings in the [officer's] performance of his duties"); Flexible Products Co., 284 Ga.App. U.S. presidential candidate and crypto entrepreneur Brock Pierce was apparently served legal papers relating to a lawsuit alleging securities fraud during his campaign rally in New York on Monday . Also, a few 2 bedroom, 2.5 bath 1 level flats in a mid-rise building. OCGA 14-2-830(a); 14-2-842(a). Womble Bond Dickinson and Chicago IP firm Rakoczy Molino Mazzochi Siwik are defending Fieldturf USA Inc. and Tarkett Sports Canada Inc. in a pending patent infringement lawsuit. Not only was Trump refusing to pay Giuliani's legal fees, but he told aides that all reimbursement requests for travel and other expenses needed to go through him, according to the Post. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. The trial court did not find that Terranova Properties was not in fact a third-party, but instead concluded that Blake's role in his own corporation did not constitute employment with a third party as required by the contract in order to find that Blake forfeited half of his severance. We disagree. Judgment affirmed in part, and vacated and remanded in part. The first lawsuit was filed in November 2018. Brock Built's expert, Francis Dean Driskell, III, a forensic accountant, testified that in his opinion, Brock Built's 2005 financial statement was not prepared in accordance with GAAP. Property data maintained by MARKETWAKE, LLC, Pros and Cons of Living in the Florida Panhandle, 5 Airports Near the Florida Panhandle that Make Traveling a Breeze, Best Places to Live in the Florida Panhandle. (Citation and punctuation omitted.) Although [Blake] may disagree with the credibility determinations made by the trial court, it cannot be said on the record before us that there is no evidence to support the trial court's conclusions.20. Comments. (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. MENU MENU. at 909-911. There is no online registration for the intro class Terms of usage & Conditions Minutes to Historic Marietta Square. Their constant and open communication throughout the process kept me aware of everything going on as they worked to [meet] my personal deadline. brock built lawsuit. at 823825(4). It follows that the duty allegedly breached by Brock Built and the damages arising therefrom arose solely from Brock Built's alleged breach of contract and are encompassed within that claim. Key Features Rooftop terraces 2200+ square feet 3 bedrooms 3.5 baths NOW SELLING FROM THE $700s LEARN MORE Built Different Since 1984 RESOURCES Home Building & Buying Resources 1. 22, 2012). The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. I hear this is very rare. Building a home can be very stressful, but we feel that working with Brock Built Homes was the least stressful experience we could have had! We most appreciate the punctuality of the entire process. Contact Us Today! Id. 901, 909-910 (N.D.Ga.1985) (that corporate officers or directors may stand to gain personally from their actions does not obviate the application of the business judgment rule). We agree with the trial court that Brock Built has not alleged conduct that rises to the level of fraud, bad faith or an abuse of discretion sufficient to establish a claim for breach of fiduciary duty. See Bonney Motor Express v. Yates, 171 Ga.App. Brock, 30, appears to be representing herself in the case. Brock Built filed a counterclaim alleging that it was Blake who breached both the contract and his fiduciary duties to Brock Built by engaging in certain conduct during his employment. At the conclusion of the evidence, the trial court concluded that Brock Built's net profits for 2005 were $944,220. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). In fact, in the contract, which both sides testified was negotiated and revised by both, the parties agreed that the accountant's calculation would be final and binding. Blake's bonus, therefore, is calculated using the figure $944,220. 178, 181(2)(b)(ii), 643 S.E.2d 560 (2007). Although a duty of good faith and fair dealing arises in every contract, the mere breach of a contractual duty is insufficient to create a cause of action for tortious conduct. brock built. Located on the revitalized Westside, this industrial-chic community offers the best of both worlds: a suburban-inspired residence in the midst of thriving city life. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. This appeal followed the trial court's grant of summary judgment to Blake on its contract claims and Brock Built's counterclaims and denial of summary judgment to Brock Built on Blake's claims. at 817818..FN12. FN21. 300 Ga.App. (Citation and punctuation omitted.) Brock USAwas founded in 1998 as a source for player safety products. Brock Built relies on two general categories of conduct in support of its argument that Blake breached his fiduciary duty: (a) With the improper motive of increasing his incentive compensation, Blake attempted to maximize Brock Built's 2005 profit by both accelerating the construction of houses that were not scheduled to close until 2006 and by delaying the payment of invoices and bonuses until 2006; and (b) Blake neglected to properly oversee the affairs of Brock Built by failing to adequately manage the purchase order system, failing to budget engineering features in the sale prices of certain specific homes, and failing to use proper building materials for noise abatement in other specific homes. 3090 Sterling Circle, Suite 102, Boulder, Colorado 80301 | 303.544.5800 |, Brock USA helps bring state-of-the-art soccer field to I-70 Cover Project. If you -or anyone you know- have had Brock & Scott PLLC, or any other collection agency, violate your consumer rights let Sue the Collector help you! at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. Building a home can be very stressful, but we feel that working with Brock Built Homes was the least stressful experience we could have had! A court may consider a contingent fee agreement and the amount it would have generated as evidence of usual and customary fees in determining both the reasonableness and the amount of an award of attorney fees. at 823825(4)..FN6. FN6. FN7. (Emphasis in original.). NexxField will no longer assist any third party to make, have made, use, market, advertise, promote, sell, provide or install the Original NexxPad in the United States and Canada, or import the Original NexxPad into the United States, during the term of the Brock Patent Rights. Although the trial court granted summary judgment to Brock Built on the latter claim, Blake successfully obtained a judgment for both severance and incentive compensation. Since its inception, LLS has funded over $1 billion in blood cancer research. We partnered with WABA because of our like-minded missions of cultivating vibrant communities. Breach of Contract Failure to Pay Incentive Compensation. In 1996, the case was settled for $333 million -- the largest ever paid in a direct-action lawsuit at the time. The agreement between the parties provided that: [t]he Company shall pay or reimburse Blake for all costs and expenses (including court costs and reasonable attorney[] fees) incurred by Blake in connection with any litigation seeking to enforce Blake's rights under this Agreement, provided that Blake is substantially successful in such litigation.. When it came to comparing the two options the biggest factors for me were the simple pleasures: the quaintness of the neighborhood, being able to go for walks and having a quiet cup of coffee on my porch. 619, 620(1) (627 S.E.2d 207) (2006)..FN22. FN13. Published by at 30, 2022. 2d 122, 211(II)(D)(4)(c) (D.Conn.2004) ("the M-1 schedule is designed to notify the IRS of differences in book income/loss and tax income/loss"). Sign up for our free summaries and get the latest delivered directly to you. at 585(2). . Mike came out and checked the entire system, Joshua E. said: I called these guys about getting an outlet for a welder and the. Their BuildZoom score of 107 ranks in the top 6% of 84,062 Georgia licensed contractors. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. Dahlia was always prompt in answering and addressing all of our questions and made us feel very confident in our first home purchase. at 751(1)..FN20. We agree. Former Enquirer editor and columnist Peter Bronson has published a new book, Forbidden Fruit, about the tragedy's connections to Northern Kentucky's long history as a gambling and organized crime hotbed. 1:16-cv-07135 (N.D. Ill.). (310) 434-4000. brock built lawsuituindy football roster. Company Reviews BBB reviews. These facts simply do not support a conclusion that Blake voluntarily resigned. Finally, at the meeting the following Monday, February 13, Brock presented Blake with his proposed termination agreement (which offered Blake less compensation than that to which he was entitled in the event of termination without cause) and instructed him to review it and "come back with comments." Construction stopped circa 2007. Regardless, when, reviewing the fact findings of a trial court in a non-jury trial, this Court will not disturb them if there is any evidence to sustain them and this Court does not make credibility determinations. by Josh Palubicki | Feb 9, 2017 | News, Shock Pads, The Latest. In Georgia, an attorney cannot recover for professional services without proof of the value of those services. 1:16-cv-07135 (N.D. Ill.). (Citation omitted.) [Blake] failed to produce persuasive evidence to the contrary. Documents claim Flagstad was in conversations with Streibich . 141, 143-144, 671 S.E.2d 195 (2008). Consequently, Brock Built did not owe any independent duties to Blake apart from those arising under the Contract. See Intl. As Blake concedes on appeal, however, the trial court's award calculation was erroneous. (Punctuation omitted.) brock built llc. Brock Built appeals in Case No. Blake was terminated from Brock Built in February 2006.12 It is undisputed that in February 2006, Blake incorporated Terranova Properties, Inc., a residential construction and remodeling company, listing himself as the incorporator, president, and sole member of the Board of Directors. See Service-Master Co., 252 Ga.App. was alan kulwicki married; 193 special operations wing commander; how to cite government documents chicago; yorktown high school 50th reunion; coryell county court docket In connection with Blake's promotion to president, he negotiated with Brock Built a contract of employment (the "Contract"). A 41-year-old Portland city employee struck by the SUV of local rock star Isaac Brock -- who said he fell asleep at the wheel -- filed an $865,000 lawsuit Wednesday against the Modest Mouse . In a class-action lawsuit, a group of about 180 former GM Canada car dealers allege . (Punctuation omitted.) First, the Contract required written notice in the event that Blake intended to resign. FN7. Both the consolidated financial report and Brock Built's 2005 tax returns were prepared by the same outside certified public accountant. Deadlines were met on the day we were told and most importantly, we actually closed on time, on the exact day expected! Constr. Find Out About Great Interest Rate Specials and Reduced Pricing. Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. Although we agree with Blake that, under certain circumstances, factual allegations of misconduct such as those involved in this matter can give rise to a cause of action in tort, this is not one of those cases. "); Stanziale v. Nachtomi, 330 B.R. Blake's counsel requested 40 percent of the total damages awarded, explaining that because the trial court granted Brock Built summary judgment on Blake's tort claim for breach of the duty of good faith and fair dealing, he could recover only those costs incurred in pursuing his breach of contract claims. at 890(3)..FN17. Breach of contractSeverance. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Longtime Atlanta homebuilder Brock Built has released townhomes for sale at its under-construction Ten29 West project with prices that almost nip $700,000in Bankhead. All content is posted anonymously by employees working at Brock Built. The trial court did not err by granting Blake summary judgment on this claim. The determination of profit margin made by the accounting firm employed by the Company shall be final and binding. FULTON COUNTY, Ga. - The former chief of staff for a Fulton County commissioner is claiming he was sexually harassed and wrongfully terminated Calvin Brock accused Fulton County Commission Vice. 2021 Brock Built LLC, Builder of New Construction Homes. Lourdes H. said: I don't know how to write a review that is good enough for Plumb, TE Certified Electrical, Plumbing, Heating & Cooling, John E. said: My wife and I bought a house about a month ago in Alpharetta Georgia., Alexandra L. said: There is a reason this top notch company does not advertisethey, Stephanie W. said: A friend recommended them to me after I had received another, Greta J. said: My heat would not come on! Brock will continue to enforce its patent rights to protect its innovations.. Compare TSG Water Resources, 260 Fed.Appx. brock built homes llc. at 751(1). Both parties filed cross-motions for summary judgment. Wynn v. Arias, 242 Ga.App. It is undisputed that no such notice was ever given. See Cochran v. Murrah, 235 Ga. 304, 307, 219 S.E.2d 421 (1975); ServiceMaster Co. v. Martin, 252 Ga.App. See also Matter of Munford, Inc., 98 F.3d at 610-611(B); Flexible Products Co., 284 Ga.App. We therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. FN10. Take the next step here. Our commitment to superior quality is above the rest. Live Better with Brock Built Ready to see what better living looks like? See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. Empowering people, businesses, and organizations to promote environmental, economic, and social well-being. See id. Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. (Punctuation omitted.) Bourke v. Webb, 277 Ga.App. Blake, on the other hand, asserts that not only is the 2005 net income figure reflected in Brock Built's financial report inconsistent with his understanding of the company's financial status at the time that he was terminated, but is also inconsistent with the $3 million plus net income reported on Brock Built's sworn 2005 tax returns. See Thompson v. Ezor, 272 Ga. 849, 852(2), 536 S.E.2d 749 (2000) ("The holding that `the testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him,' when passing upon a motion for summary judgment, does not apply to contradictory statements by witnesses who are not parties to the litigation.") In the lawsuit, James Streibich Trust claims that Brock Flagstad was using the funds to travel in private jets and drive luxury cars. FN11. Ron Kaufman About Find out about the dedication we have to our clients. In this walk, well review and correct any warrantable issues you may have. Compare Tidikis v. Network for Med. You already receive all suggested Justia Opinion Summary Newsletters. I am very happy with my choice of a Brock Built home in West Highlands. Judgment affirmed in part and reversed in part. [t]he plain language of the agreement says that Blake must become employed with a third party within six months. the net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. I knew I wanted to live in the Midtown area based on convenient interstate access and the up and coming Westside community. Blake ultimately filed the instant lawsuit, alleging breach of contract for failure to pay severance, breach of contract for failure to pay incentive compensation, tortious breach of duty of good faith and fair dealing, and entitlement to bad faith attorney fees. When a party seeks fees based on a contingent fee agreement, the party must show that the contingency fee percentage was a usual or customary fee for such case and that the contingency fee was a valid indicator of the value of the professional services rendered. I am very happy with my choice of a Brock Built home in West Highlands. Tvrdeich, 268 Ga.App. FN17. Authors Channel Summit. The lawsuit came in response to consumer complaints that the software did not work and that the company charged for technical support it had advertised as being free. Brock Builts founder, Steve Brock, brings over 30 years of home building experience to the marketplace. Photos: Brock Built The Westside Station community on Marietta Road aims to reflect the area's rail and heavy industrial past (and present), with architectural styles that include old mill . Everyone needs a safe place to call home. Hanson Staple Co. v. Eckelberry, 297 Ga.App. Even if we were to assume that Blake's allegedly selfish motives could render Brock Built's financial success in 2005 a breach of his duty to the company, Brock Built failed to submit any specific evidence in support of its claims. The [c]ourt does not find that Blake's income from his own LLC is synonymous with employment with a third party [.] For this reason, Blake is entitled to the equivalent of twelve months [] salary, or $180,000, as severance.13, Brock Built argues that the trial court erred by determining that Blake did not forfeit half of his severance by becoming employed by Terranova Properties, Inc., which Brock Built argues is a third-party. But even construing the record in the light most favorable to Brock Built, the evidence does not support a finding of voluntary resignation. FN22. Posted on June 29, 2022 brock built lawsuit. Brock Built Warranty Agreement warranty@brockbuilt.com 404.961.3164 280 Interstate North Circle SE, Suite 400 Atlanta, Georgia 30339 Brock Built Orientation FN22. Stone, Atlanta, for appellee. FN8. If I ever have an issue or question, they are always available to help in a kind and timely manner.. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation)..FN14. After nearly four decades of experience building new construction homes in Atlantas best communities, we can confidently say that its in the details. See ServiceMaster Co., 252 Ga.App. The trial court also reduced Blake's incentive compensation by $10,000 based on an advance on profit sharing paid to him by Brock Built; the reduction is not at issue on appeal. Whether Blake forfeited half of his severance was not at issue during the previous appeal. Both parties filed cross-motions for summary judgment. Brock Built attorney Brian Daughdrill says in a lawsuit filed on Aug. 17 in Fulton County Superior Court that if the new Masquerade moves ahead as planned, the venue will have an "immediate adverse impact on the price point and size of the homes contemplated for the subdivision . Subject to change without notice. New Ten29 West Townhomes built in Atlantas newest renaissance, the rapidly developing westside. This nonprofit is focused on sustained regeneration, improvement, and management of the physical environment by developing community-based partnerships. All information contained herein is deemed accurate and reliable. 554, 558, n. 4, 2000 WL 1839390 (2000). In granting summary judgment to Blake, the trial court concluded that, even if there did exist a conflict in the evidence with respect to Brock Built's 2005 net income, the conflict was created by and should be construed most strongly against Brock Built, which was bound by the sworn net income statement contained within its tax returns.