January 18, 2012

SandBox Comments: Aspen Daily News "Heir to Cargill wants lawsuit against mother in PitCo dismissed"

Chad Abraham:

"As a limited guardian, one of the “specific rights delegated to Patricia MacMillan was to sue and defend lawsuits on behalf of Andrew MacMillan,” Seiler wrote.

Spencer Crona, one of the attorneys for Bovino and Andrew MacMillan, wrote that her appointment “vividly reveals her conflict of interest in seeking, through her Florida guardianship authority, to orchestrate a self-serving dismissal” of the Pitkin County lawsuit.

But in August, Andrew MacMillan filed an affidavit “expressing his desire to dismiss with prejudice the Colorado lawsuit,” Seiler’s report says. “With prejudice” means the case, if it is dismissed, could not be refiled based on the same claims.

Seiler wrote that “it appears evident that Andrew MacMillan may have been misled, misguided, misrepresented, taken advantage of, or exploited by” Bovino and that Andrew MacMillan has since terminated his relationship with the Aspen attorney. Bovino also declined comment when asked about these allegations.

Seiler said he believes “it would be in the best interest of Andrew MacMillan to dismiss the Colorado lawsuit” against Patricia MacMillan.

Seiler said Monday that he did not know the MacMillan family before he was appointed guardian and that the appointment had “absolutely nothing” to do with him being mayor.

“I get appointed in a lot of cases,” he said, adding that he has an active law practice. “I think it was because the judge thought I could do a good job.”

The case in Pitkin County District Court remains on pace for a trial in October...."

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