Paul Mostert v. the Mostert Group LLC

Summary

The court held that the parties’ agreements required Mostert to transfer the source code to The Mostert Group and did not grant him a security interest in that code. Because Mostert retained the source code before the final installment was due, he breached first, excusing The Mostert Group’s obligation to make the final payment and defeating Mostert’s claim for partial summary judgment. The court therefore affirmed the reversal and remand of the circuit court’s judgment.