Children file to dismiss counts of father's suit over pool business
Amelia Flood May. 2, 2011, 11:22am
Defendants Edward Perigen Jr. and his sister, Yvette Cotter are moving to dismiss parts of a lawsuit brought against them by their father over the family's pool business.
Cotter and her brother filed their motion asking to dismiss parts of the suit filed earlier this year by Edward Perigen Sr. April 28.
Edward Perigen Sr. claims his children exerted undue influence upon him when he transferred properties including his Granite City pool business to them. He also claims his children have denied him access to his business.
The suit seeks the return of access to the plaintiff's businesses and other relief.
The defendants also recently filed a motion asking the court to impose a $20,000 bond on the plaintiff in relation to a business telephone number that is to be turned over to him.
In this April 28 motion, the defendants allege their father does not allege the facts needed to support his allegations that they exerted undue influence upon him.
They also contend their father fails to state a claim.
They also argue certain claims related to the property transfers are barred by the statute of limitations.
Misty Wuebbels represents Edward Perigen Sr.
Christopher Threlkeld represents the defendants.
Madison County Circuit Judge Andreas Matoesian presides.
Madison County Circuit Judge David Hylla initially presided over the case but recused himself.
The case is Madison case number 11-L-150.