The Sale Of Assets Must Not Proceed Before Appeal Ruling

Published 3:15 pm Tuesday, May 14, 2013

Of course the trial court judge should stay her ruling that calls for the sale of assets belonging to The Disthene Group, Incorporated, which includes Kyanite Mining.

The Virginia Supreme Court has agreed to hear The Disthene Group's appeal so the assets must not be sold, pending the outcome of that appeal.

To refuse would be like a court agreeing to hear an appeal of a capital murder conviction while nevertheless carrying out the execution. The appeal may be won but what good would that irrefutable proof of innocence do for the executed man?

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An innocent ghost would be haunting.

Likewise, what practical good, what justice would there be for The Disthene Group if the Supreme Court were to rule in favor of its appeal after the assets have already been sold?

None whatsoever.

One could use the largest, most powerful telescope in the world and still not find the tiniest glimmering gleam of justice were that to happen.

The sentence must not be carried out until the appeal process has been concluded.


The trial court judge had ordered the dissolution of The Disthene Group, Incorporated, last fall following a civil case heard in Buckingham's Circuit Court, plaintiffs seeking dissolution of The Disthene Group and the distribution of its assets on a pro-rata basis to all shareholders.

The pause button must be pressed now, however, to allow the Virginia Supreme Court to rule on the merits of the appeal.

As Guy Dixon, President of Kyanite Mining, explained to The Herald, “The granting of our motion will ensure that if the Supreme Court reverses the trial court's initial ruling, the company is still in existence and we still have a business to run after it's all over.”

An innocent ghost can't do a thing in the material world.

“Selling everything off before the appeal process has run its course will irreparably harm the company, its shareholders, its employees and the community as a whole. We simply want,” Dixon said, “to avoid that result.”

Justice must crave the same purpose.