(2003).


                                              -1-
       Plaintiff Stephen and Defendant Richard are brothers and the sole shareholders, officers,
and directors of plaintiff Skalnek Ford, Inc.,2 which was founded by the parties’ parents in the
mid-1960s. Both parties began working in the dealership as young teenagers. When the parties’
parents retired from the business in 1995, they transferred the stock owned by them to Stephen
and Richard. At the time of the transfer, Richard owned 7,201 shares and Stephen owned 6,199
shares. In 2002, a stock certificateresulting in a partial
award, followed by a final arbitration award, which was confirmed by the circuit court.

        Stephen alleged that after he filed suit in 2008, Richard refused to speak with him or
include him in management meetings, ostracized him, “repeatedly sought to take advantage of
virtually any opportunity to benefit himself financially at Stephen’s expense,” and engaged in
conduct that violated his rights at the business, contrary to the arbitration award. He stated that
he was then compelled to file a Notice of Dispute (NOD), where the issues were submitted to
Weller for resolution. According to Stephen, even after Weller issued his rulings, Richard
routinely violated the rulings and used his two-share majority in the company to abuse Stephen.

       