FHDI

STATEMENT OF FACTS AND PROCEDURAL HISTORY

This case has a lengthy history. In this section, we endeavor to give an overview of the facts and procedural history without wandering too far into the weeds. We have carefully read the briefs and thoroughly reviewed the record, and although we are omitting portions of this case’s history, we

1 Subsequent statutory references are to the Code of Civil

Procedure unless otherwise indicated.

2 are nonetheless aware of them and the full context in which this appeal presents itself. A. Relevant People and Entities, and the Loan In 2012, Kim Davis, an attorney, was working with Grantham2 and Mervyn Phelan. Davis, who was friends Henry T. Nicholas, III (Nicholas), approached Nicholas about investing with Grantham and Phelan. General counsel for Nicholas’s companies, Emilio Gonzalez, spoke with Phelan and Grantham about the potential for Nicholas to invest in a large development project in Fort Howard, Maryland. Gonazlez was told the project would provide residential, commercial, and medical facilities for veterans. In October 2012, after negotiations and due diligence, Nicholas, through FHDI, a single purpose entity, agreed to loan $6.44…