Diedrich v. Miller & Meier & Associates, Architects & Planners, Inc. , 254 Ga. 734 ( 1985 )


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  • Weltner, Justice,

    dissenting.

    I respectfully dissent.

    I agree with the majority’s recognition of the internal affairs doctrine at Division 1 of the opinion. I disagree, however, that our statute, OCGA § 14-2-153 (a) (1) (C), prohibiting the wrongful appropriation of a business opportunity is a regulation pertaining to “an internal affair.” Rather, it is a substantive and important expression of public policy relative to the standard of conduct required of a fiduciary. As such, it relates no more to “internal affairs” than would a criminal statute imposing sanctions for the theft by a director of the property of his corporation.

Document Info

Docket Number: 42261

Citation Numbers: 334 S.E.2d 308, 254 Ga. 734, 227 U.S.P.Q. (BNA) 1052, 1985 Ga. LEXIS 849

Judges: Gregory, Weltner

Filed Date: 9/26/1985

Precedential Status: Precedential

Modified Date: 10/19/2024