StaceyPageOnline.com learned this morning that attorneys for Brent Wilcoxson have filed a motion to dismiss the case that was filed against him by his former business partner, Dr. Dane Miller. The two operated Winona Restoration Partners LLC from March 1996 to November 2011.
In another action just filed with the court this afternoon, attorney W. Douglas Lemon has filed an appearance on behalf of Grace College. Lemon also file a motion on behalf of Grace College to intervene in the case as a separate party. Grace College purchased at least one of the properties involved in the lawsuit.
Miller is suing Wilcoxson alleging his former partner in WRP LLC wrongfully transferred 13 parcels of real estate to his own company, known as Winona Arts Restoration & Preservation Inc., and mishandled financial information and documents. The charges also alleged that Wilcoxson used money from WRP to pay for his son’s college education.
Attorneys for Miller and Wilcoxson held a telephone status conference on Friday, Aug. 17. Wilcoxson had until that day to enter a plea to the allegations of theft and fraud, or to otherwise respond to the charges.
On Monday, defense attorney Robert Nicholson of Carson Boxberger LLP, Fort Wayne, filed a motion to dismiss the case. The request was presented to special judge, Elkhart County Circuit Court Judge Terry Shewmaker, for consideration.
Today, the motion by Grace College was received by Judge Shewmaker.
Miller is being represented by attorney R.C. Richmond III of the Taft Stettinuis & Hollister law firm in Indianapolis. Wilcoxson is being represented by Carson Boxberger LLP law firm in Fort Wayne.