Nolen et al v. Wyn, Fairshare Vac. Owners Assoc., & RCI

Case Number: 6:2020-cv-00330

Last Updated: May 29, 2023


Pending ruling on timeshare owners’ appeal



Presiding Judge

Judge Byron, MJ Kidd

Date Filed



This prospective class action against a timeshare trust is pending a ruling on appeal.

Case Posture


Putative class action re misuse of trust property, breach of fiduciary duty, breach of Arkansas Trust Code (Fairshare Vacation Owners Association is ARK corp.)


Pending ruling on timeshare owners’ appeal after Judge Byron’s order granting summary dismissal on Wyndham’s motion for summary judgment; Oral arguments took place March 8, 2023


In this prospective class action, timeshare owners (represented by Morgan and Morgan) claimed mismanagement of the the Fairshare Vacation Plan Use Management Trust, a timeshare trust settled by Wyndham.

Selected Events:


March 10, 2022 Order [143] granting Wyn MSJ

July 12, 2021 Endorsed Order [96] (under seal) granting Am. Motion to Certify Class [82]; denying Wyn motion to amend class certification

April 9, 2021 Order [76] granting in part M2D SAC, case to proceed on Counts 1 and 6 of FAC (Dec Judgment and Breach of fiduciary duty),

Wyn Expert Report: Randall Upchurch (cf Fishkind Report)


Critical Briefs

10/11/22 Timeshare Owners’ Reply Brief [28]

9/6/22 Wyn RB [24]

6/17/22 Timeshare Owners’ AOB [15]


Click on the PDF titles below to view.

Docket link

Operative Complaint

Critical Orders

Critical Briefs


Click on the PDF titles above to view.


Nolen et al

Plaintiffs’ counsel:
Morgan & Morgan, PA
Patrick Barthle
John Yanchunis

Methvin, Terrell, Yancey, Stephens & Miller, PC
James Terrell
Rodney Miller

Barron Law Firm PLLC
Bradford Barron

Wyn, Fairshare Vac. Owners Assoc., & RCI

Defendants’ counsel:
Carlton Fields, PA
Chris Coutroulis

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