Turner

INTRODUCTION

In this appeal, we consider whether a director of a nonprofit public benefit corporation who brings an action on behalf of the nonprofit public benefit corporation can lose standing to pursue its claims if the director is not reelected during the litigation. Debra Turner, formerly a director and president of the Conrad Prebys Foundation (Foundation), appeals judgments of dismissal in favor of the Foundation and its directors, following orders sustaining demurrers to her

probate and civil actions.1 In those actions, Turner alleged the other Foundation directors breached their fiduciary duties in preapproving a settlement range for Laurie Anne Victoria, who served both as a Foundation

Directors Joseph Gronotte, Anthony Cortes, and Gregory Rogers were dismissed from the probate action, but are parties with respect to the civil action. Cortes and Rogers joined the briefs submitted by the Foundation and Laurie Anne Victoria as well as the answer to the amicus brief submitted by the Attorney General. Gronotte joined Victoria’s brief and the answer to the Attorney General’s brief.

2 director and as the trustee of the Conrad Prebys Trust (Trust), to negotiate a…