Trial over leased aircraft reset for October

A trial over the purchase, financing and leasing of an aircraft has been removed from the June docket and reset for sometime in October.

Kevin and Jeana Millar filed suit against Craig and Rebecca Frost and their company, Hits415, on May 28, 2009.

Court records show that in January 2008 Hits415, a company owned by all parties, purchased an aircraft, which was financed through Wachovia.

As part of the transaction, both the Millars and Frosts executed unconditional guarantee agreements and named Craig as manager of Hits415.

Once manager, Craig entered into an agreement with Air Charter Professionals to lease the aircraft to the Florida-based company, the suit states.

"Defendants have failed to make the required loan payments regarding the aircraft," the suit states. "Wachovia has demanded payment from plaintiffs. Plaintiffs have demanded payment from defendants."

On May 24, the Millars filed a motion for continuance, arguing that "discovery is still ongoing and not complete."

Judge Donald Floyd, 172nd District Court, granted the motion on June 14, placing the case on the October docket.

The plaintiffs are accusing the defendants of fraud and breach of contract.

They are suing for exemplary damages.

Beaumont attorney John Werner of the Reaud, Morgan & Quinn law firm represents them.

No attorney is on record for the defendants.

Case No. E184-167