In a recent decision by the Arizona Court of Appeals, Division One, the court affirmed the summary judgment in favor of Jonathan Horton against his brother Stephen Mark Horton. The case revolves around allegations of financial misconduct related to their jointly operated company, Hawaii Technical Environmental Construction Company. Stephen claimed that he suffered losses exceeding $1.5 million due to Jonathan’s alleged fraudulent activities. However, the court found that Stephen’s claims were time-barred as they should have been filed within three years from when he discovered or should have discovered the fraud in August 2020. Despite Stephen’s arguments for tolling the statute of limitations based on Jonathan’s alleged concealment efforts, the court determined there was insufficient evidence to support this claim. Consequently, Stephen’s appeal was limited to his fraud claim, which was ultimately denied. The court also rejected Jonathan’s request for attorneys’ fees.
Source: 1CACV250011_Horton_v_Horton_Complaint_Court_of_Appeals_Arizona.pdf
