The facts surrounding the September 15, 2004 commencement of litigation5 and the

November 2, 2007 jury verdict were recited by this Court in a prior appeal:


5
 Branham filed a complaint against Newland on September 15, 2004. The matter was removed to federal
court, then returned to state court. Branham filed its First Amended Complaint on October 31, 2005. Therein,
Branham alleged that Newland had breached a contract and misappropriated funds and that distribution of
BCU funds to Newland and other defendants had been detrimental to Branham’s rights. On July 10, 2006,
Branham filed a Second Amended Complaint relating to alleged improper distribution of BCU assets. The
second complaint was stricken.

                                                    5
        Newland was organized on October 11, 1994 and originally formed to develop
        real estate. Sometime in 1992 or 1993, prior to its organization, Newland
        began to explore a possible development project in Boone County consisting
        of 270 acres at the intersections of State Road 334 and I-65 now known as
        Royal Run Subdivision. Newland considered several options for water and
    