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...."

(Read more?  Click title. Comment to discuss)

SandBox Comments: Aspen Daily News "Mother in Cargill heir lawsuit wants allegations stricken'

Very good to see some balance start to come out in the open and public eye for Patricia MacMillan.

"A part-time valley resident who is being sued by her son, an apparent heir to the Cargill fortune, wants a judge to strike allegations in a court motion she says are “impertinent, immaterial or scandalous.”.....

.....He alleges that she and unnamed accomplices set up a nearly identical email as Andrew MacMillan’s attorney, David Bovino of Aspen, in an attempt to divert millions to herself from his $250 million trust fund. Bovino is also a plaintiff in the case, and a judge on Nov. 10 approved his motion allowing him to withdraw as Andrew MacMillan’s legal representative in the lawsuit against his mother. Bovino had argued that Andrew MacMillan needed an independent attorney in the case; it is not clear if he continues to represent MacMillan in other matters.....

...Recent court filings by the new attorney for Bovino and Andrew MacMillan, Lori Hulbert of Denver, say that on the same day as the lawsuit was filed in Pitkin County District Court, Patricia MacMillan filed a court petition in Florida seeking an emergency guardian for her son. A judge found Andrew MacMillan not competent to stand trial on various criminal charges. He was charged with domestic violence and resisting an officer in February, and has also been charged with trafficking oxycodone, according to Florida court records...."  (Learn more?  Click title. Comment ability blocked on this post.)

 

(Chad Abraham)

"Unapologetically pursuing and tracking patterns within the news others make since 2010."