Jump to content
TEAM SHELBY FORUM

Denice Halicki Wins Dispute With Carroll Shelby Over ‘Eleanor’ Name


ilmor

Recommended Posts

She may have won the fight but I think she lost the war. One thing is for sure, it ain't no SHELBY NOW! I find it hard to believe that anyone would pay $140,000 for just a movie car. Now if it had the Shelby name, that's a different story. IMO she would of been much better to "negotiate" with Shelby on the cars production. Just my thoughts. Craig

Link to comment
Share on other sites

Denice Halicki Wins Dispute With Carroll Shelby Over ‘Eleanor’ Name

 

http://67mustangblog.com/?p=1447

That is not correct. If you read the opinion of the appellate court (30 pages, I admit), the appeal was one where Plaintiff Halicki asked for review of the trial court's ruling on the Defendants' motion for summary judgment that went against her. In other words, the Defendants, who include various companies known in the appeal as "the Shelby Defendants," won a judgment in their favor without the need for a trial. Our legal system favors resolving disputes by trial rather than by summary proceedings. That means that the appellate court views judgments from a summary judgment motion with a different eye that it would if the appeal was from a judgment after trial.

 

What the appellate court ruled was only that there was enough evidence in support of Halicki's claim that she had the right to bring the case to trial. Probably the best way to view it is as if the Defendants had never filed their motion for summary judgment. The case now will proceed to trial and a judgment will be rendered after trial. The parties then have their appellate rights following that judgment. More likely, the case will be settled but it is a little early to weigh in on that one. I can always ask Amy at the stockholders' meeting. ;)

Jim

Link to comment
Share on other sites

That is not correct. If you read the opinion of the appellate court (30 pages, I admit), the appeal was one where Plaintiff Halicki asked for review of the trial court's ruling on the Defendants' motion for summary judgment that went against her. In other words, the Defendants, who include various companies known in the appeal as "the Shelby Defendants," won a judgment in their favor without the need for a trial. Our legal system favors resolving disputes by trial rather than by summary proceedings. That means that the appellate court views judgments from a summary judgment motion with a different eye that it would if the appeal was from a judgment after trial.

 

What the appellate court ruled was only that there was enough evidence in support of Halicki's claim that she had the right to bring the case to trial. Probably the best way to view it is as if the Defendants had never filed their motion for summary judgment. The case now will proceed to trial and a judgment will be rendered after trial. The parties then have their appellate rights following that judgment. More likely, the case will be settled but it is a little early to weigh in on that one. I can always ask Amy at the stockholders' meeting. ;)

Jim

 

+1. Very well explained. Summary judgements are the exception, so this one is not that surprising. As you do, I believe this will ultimately be settled.

Link to comment
Share on other sites

She may have won the fight but I think she lost the war. One thing is for sure, it ain't no SHELBY NOW! I find it hard to believe that anyone would pay $140,000 for just a movie car. Now if it had the Shelby name, that's a different story. IMO she would of been much better to "negotiate" with Shelby on the cars production. Just my thoughts. Craig

 

I was looking at the Eleanor car on Friday, the motor is out of the car and it was the only car that was covered, my buddy did not want to talk about the car. also I was shocked to see Steve Saleens Ford GT at the same location ( A care that I have driven) this GT is for sale $260,000.00

Here are some pics!

Tom

post-20843-1226778807_thumb.jpg

post-20843-1226778807_thumb.jpg

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...
...