Howard

Appeal is taken by plaintiffs below from an order made September 26, 1979, denying relief requested in an order to show cause why Robert E. King, Jr., Lynn King and John R. McCann should not be named as officers and directors of defendant corporation and as additional defendants herein, and why they should not complete the winding up of the affairs of the defendant corporation, and why they should not be surcharged for the balance of funds the court found should be held by defendant corporation.

Respondents, Robert E. King, Jr., and John R. McCann appearing specially, contend the order denying relief is correct and supported by substantial evidence; appellants contend the relief prayed for in the order to show cause should have been granted under the broad powers of the court to give effect to its judgment.

We reverse and remand with instructions.

Factual Background

Statement of facts set out in appellant’s opening brief are concise and correct. We herewith adopt said statement.

“This action was commenced on July 17, 1970, by the filing of a complaint for dissolution of the corporation respondent. After trial by court, judgment was entered on May [20], 1974, ordering…