A co-owner of Tony Packo's Inc., who recently sued his relatives alleging the questionable disbursements of company funds, has filed an emergency motion asking the court to put the Toledo restaurant company into receivership.

Robin Horvath filed the motion Wednesday in Lucas County Common Pleas Court, claiming that the management of the companies is "hopelessly deadlocked" until the underlying dispute is resolved.

He is the firm's chief operating officer and son of the late Nancy Packo Horvath. He claimed the companies could not function properly after the Tuesday resignation of Jack Simonetti, one of three board members and a nonfamily member intended to break ties in family disputes.

"The corporations are hopelessly deadlocked and just days from defaulting on the first of a series of debts to Fifth Third Bank, which would cause their inevitable collapse, and cause irreparable injury to Mr. Horvath - the only personal guarantor of those loans who is collectable," the motion said.

Firm president Tony Packo, Jr.; his son, Tony Packo III, manager of a subsidiary, and controller Cathleen Dooley are the defendants in the lawsuit filed July 23. It asks the court to order the release of certain records and alleges Mr. Horvath discovered more than $100,000 in questionable transactions paid to Ms. Dooley or Tony Packo III with no supporting documentation.

First Published July 29, 2010, 9:38 p.m.