Posts tagged 4th Circuit Court of Appeal
Once again, suing your aged dad, granted he’s under the spell of his much younger wife, never is a good idea. It doesn’t matter if you win in the Appeals Court, which the son, Barry, did. Karma works against you when you sue your dad, especially if he’s over 83 years old!
The Kerns build REX, BACCHUS, ENDYMION, MUSES, ORPHEUS, ALLA, CAESAR, and many, many other parades around the metro area, region, and world. Therefore, lots of money and responsibility come with the territory, and the Mardi Gras crowds annually depend on the Kerns via REX, etc.
A state appeals panel has upheld the court-ordered transfer of control over Blaine Kern Artists Inc. to the Mardi Gras magnate’s son, Barry Kern.
The one-sentence ruling Tuesday denied the elder Kern’s challenge to an April ruling by Civil District Court Judge Kern Reese that enforced a father-son deal convected last year. That deal was intended to quell a family rift that threatened float production for a number of the largest Carnival parades.
The deal, brokered by three prominent Carnival captains, called for Blaine Kern Sr. to sell all of his shares to his son and for the board of directors to turn over management control of the 54-year-old Mardi Gras giant to Barry Kern, 48, at a shareholders meeting. But Blaine Kern stood pat, and no such meeting or vote took place.
At issue, Barry Kern argued, was the financial stability of the company. He twice filed suit against his father during the past year, saying the 83-year-old Kern Sr. had meddled with management and sapped its cash reserves.
Barry Kern cast blame on his father’s fourth wife, Holly Brown-Kern, claiming his father’s spending on houses, cars and other luxuries had ballooned since his marriage to Brown-Kern, while his debt had mounted and he began seeking cash advances from the company.
Blaine Kern’s attorney, William Wessel, could not be reached for comment late Wednesday on the 3-0 decision by a panel of the 4th Circuit Court of Appeal, finding “no error” in Reese’s ruling.
In ruling for Barry Kern in April, Reese called the need to safeguard Mardi Gras “way bigger” to the world than a father-son rift.
Under his order, the company’s four shareholders — Blaine and Barry Kern and Barry’s siblings, Brian and Blainey — met April 25 at Blaine Kern’s Mardi Gras World to elect three directors who, in turn, named Barry Kern president.