Shaffer v. Ross

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

• Court: District Court of Appeal of Florida
• Decided: July 31, 1962
• Docket: No. 61-805
• Status: Published

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.