Accolades Apartments, L.P. v. Fulton County

Court of Appeals of Georgia

Accolades Apartments, L.P. v. Fulton County

616 S.E.2d 123, 273 Ga. App. 573, 2005 Fulton County D. Rep. 1788, 2005 Ga. App. LEXIS 577

CourtCourt of Appeals of Georgia

DecidedJune 8, 2005

DocketA04A0622

StatusPublished

This text of 616 S.E.2d 123 (Accolades Apartments, L.P. v. Fulton County) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Accolades Apartments, L.P. v. Fulton County, 616 S.E.2d 123, 273 Ga. App. 573, 2005 Fulton County D. Rep. 1788, 2005 Ga. App. LEXIS 577 (Ga. Ct. App. 2005).

Pincite

Opinion

Ruffin, Chief Judge.

This case returns to us for the fourth time.¹ In the most recent incarnation before this Court, the issue presented was whether a Statement of Partnership filed with the State was conclusive as to the existence of a partnership.² We held that it was not and thus affirmed the trial court’s ruling that no partnership existed.³ Our decision was predicated, in large part, upon a Supreme Court opinion in the same case in which that Court held that “jwjhether a ‘joint venture’ is actually a partnership is a question of fact and depends on the rights and responsibilities assumed by the joint venturers.”⁴ Accolades appealed our ruling to the Supreme Court, which obviated the factual inquiry by finding that the existence of the Statement of Partnership [574]*574is conclusive.⁵ Accordingly, our judgment is hereby vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Decided June 8, 2005. Paul, Hastings, Janofsky & Walker, John G. Parker, Joseph C. Sharp, Brady S. McFalls, for appellant. Smith, Gambrell & Russell, Marcia M. Ernst, for appellee.

Judgment reversed.

Adams and Bernes, JJ., concur.

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Ruffin, Chief Judge.

This case returns to us for the fourth time.¹ In the most recent incarnation before this Court, the issue presented was whether a Statement of Partnership filed with the State was conclusive as to the existence of a partnership.² We held that it was not and thus affirmed the trial court’s ruling that no partnership existed.³ Our decision was predicated, in large part, upon a Supreme Court opinion in the same case in which that Court held that “jwjhether a ‘joint venture’ is actually a partnership is a question of fact and depends on the rights and responsibilities assumed by the joint venturers.”⁴ Accolades appealed our ruling to the Supreme Court, which obviated the factual inquiry by finding that the existence of the Statement of Partnership [574]*574is conclusive.⁵ Accordingly, our judgment is hereby vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Decided June 8, 2005. Paul, Hastings, Janofsky & Walker, John G. Parker, Joseph C. Sharp, Brady S. McFalls, for appellant. Smith, Gambrell & Russell, Marcia M. Ernst, for appellee.

Judgment reversed.

Adams and Bernes, JJ., concur.

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Bluebook (online)

616 S.E.2d 123, 273 Ga. App. 573, 2005 Fulton County D. Rep. 1788, 2005 Ga. App. LEXIS 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/accolades-apartments-lp-v-fulton-county-gactapp-2005.

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