Shaffer v. Ross

District Court of Appeal of Florida

Shaffer v. Ross

143 So. 2d 568, 1962 Fla. App. LEXIS 3086

District Court of Appeal of Florida·Decided July 31, 1962·No. No. 61-805·Published·Cited by 1 cases

Opinion

PER CURIAM.

The appellant, as plaintiff, brought a complaint for dissolution of a claimed partnership with the defendant and for an accounting. The chancellor dismissed the suit at the close of the plaintiff’s case. The question therefore is whether the plaintiff established a prima facie case of the existence of a partnership. Hill v. Beacham, 79 Fla. 430, 85 So. 147.

A review of the evidence submitted shows a failure to prove a mutuality of interest in the profits and losses; therefore the chancellor correctly concluded that a partnership was not proved. Stevens v. McKibbin, 68 F. 406, 411 (5th Cir.1895). See Cooper v. Fulton, Fla.App.1961, 132 So.2d 616.

Affirmed.

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PER CURIAM.

The appellant, as plaintiff, brought a complaint for dissolution of a claimed partnership with the defendant and for an accounting. The chancellor dismissed the suit at the close of the plaintiff’s case. The question therefore is whether the plaintiff established a prima facie case of the existence of a partnership. Hill v. Beacham, 79 Fla. 430, 85 So. 147.

A review of the evidence submitted shows a failure to prove a mutuality of interest in the profits and losses; therefore the chancellor correctly concluded that a partnership was not proved. Stevens v. McKibbin, 68 F. 406, 411 (5th Cir.1895). See Cooper v. Fulton, Fla.App.1961, 132 So.2d 616.

Affirmed.

Shaffer v. Ross, 143 So. 2d 568, 1962 Fla. App. LEXIS 3086 (Fla. Ct. App. 1962).

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