JOE COHEN AND PAULINE BROOKS, APPELLANTS,
v.
ELLIOTT L. FEINBERG, APPELLEE
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This case involves an appeal from a summary judgment granted to a plaintiff alleging partnership interests. The appellate court found that triable issues of fact existed, precluding summary judgment.
Yes, triable issues of fact existed, and therefore, summary judgment should not have been granted.
“In our opinion, the record discloses triable issues of fact which may not be resolved on a motion for summary judgment, including the following: whether plaintiff acquired a partnership interest; and whether the transaction was as alleged or consisted of loans by plaintiff to defendants, the proceeds of which were then paid into the partnership and later repaid to plaintiff from the partnership.”
This quote explains the court's reasoning for reversing the summary judgment, highlighting the existence of factual disputes.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, alleging he was a partner, sued to foreclose the partnership interests of the defendants for their failure to contribute new capital as…
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In a suit by an alleged partner to foreclose the partnership interests of defendants for their alleged failure to pay in new capital when called on, pursuant to terms of a partnership agreement, summary judgment was granted to plaintiff, and defendants appealed.
In our opinion, the record discloses triable issues of fact which may not be resolved on a motion for summary judgment, including the following: whether plaintiff acquired a partnership interest; and whether the transaction was as alleged or consisted of loans by plaintiff to defendants, the proceeds of which were then paid into the partnership and later repaid to plaintiff from the partnership. Therefore, the summary judgment must be reversed and the cause remanded for trial.
Reversed and remanded.
HORTON, C. J., CARROLL, CHAS., J., and MILLEDGE, STANLEY, Associate Judge, concur.