¶1dissenting:
¶2The only information used by the majority to ascertain Semande’s status comes from agreements drawn up by the parties at the inception of the corporation. But Semande claims that the agreed-upon relationship did not exist in practice. There is no evidence of record rebutting this claim. In fact, Estes gave deposition testimony indicating that no shares of stock were ever issued to Semande, and that Semande never participated in corporate meetings in any capacity because no meetings were ever held. Considering the nature of Semande’s claim, I believe the record contains insufficient facts to support dismissal at this stage. I thus respectfully dissent.