Case Peterson V. Therma Builders

A case that has both civil and criminal ramifications is Peterson v. Therma Builders, INC in which Roxann Peterson was the office manager and bookkeeper for Therma Builders, INC. She stole company funds and was faced with both criminal charges and a civil lawsuit by Therma Builders. The defendant, Peterson, moved for a stay of the civil case until resolution of the criminal case. The civil court judge decided to stay the civil case until the employee was either convicted or acquitted.

During March 2002, Peterson faced a criminal charge with one count of scheming to defraud and obtaining property in an amount of $50,000 or more. The criminal charge arose out of various irregular financial dealings that occurred while Peterson was employed as

The complaint sought damages for civil theft, fraud, conspiracy to commit fraud, conversion, conspiracy to commit conversion, constructive trust, unjust enrichment, fraudulent transfer, conspiracy to effect a fraudulent transfer, and equitable lien (FindLaw's). Once the criminal charges were resolved, Therma Builders moved for summary judgment in the civil action, contending that Peterson was stalling her liability to Therma Builders in the civil action. Then on November 1, 2005 the trail court granted final summary judgement in favor of Therma Builders in the civil action. Peterson appeals this final summary judgement, challenging both the finding of liability and the amount of damages awarded. The final summary judgment contains no findings as to the amount of damages for which Peterson is civilly liable to Therma Builders. In addition, the final summary judgment contains no set off for the amount of the restitution ordered. Further, there is nothing in the record to establish that the damages awarded in the final summary judgment compensate Therma Builders for damages not already awarded in the restitution order (FindLaw's). The final summary judgement was affirmed in part; reversed in part; and remanded for further