Smith invested in Sugar Shack in 2016, according to the suit.

Smith and the rest of the board members for Sugar Shack Donuts voted to “eliminate two corporate positions awarded to Kelley’s family members” and to turn over financial control of the company to Smith, according to the complaint, which does not include a timeline for the decision.

“After two years of repeated examples of poor fiscal management, Dustin and eight other members of the Board of Members made a collective decision that the management and financial decisions made by Sugar Shack’s CEO, Kelley, were self-serving and irresponsible,” the lawsuit states. “The vote was almost unanimous,” the suit said. “Kelley was the lone ‘no’ vote.”

After the meeting, the suit said, Smith’s assistant held a cash deposit of nearly $5,500 from one of the Sugar Shack stores and put it in Smith’s office while awaiting information about the new corporate bank accounts so she could deposit the money.