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Robbins Firm Attorneys Win Appeal On Precedent Setting Issue

Written by Firm | Jan 25, 2016 | Results

Jeremy Littlefield and Craig Kunkes secured a unanimous decision in the Court of Appeals that reversed a trial court’s final judgment in a dispute between business partners for misappropriation of partnership assets.  Our client, a real estate developer, retained the Robbins Firm to handle the appeal after prior counsel obtained a $0 judgment against his business partner following a bench trial.  After reviewing the evidence on appeal, the Court of Appeals reversed the trial court, finding no evidence to support the $0 judgment and instead agreeing with our client that approximately $1.2 million remained unpaid by his business partner.  The Court of Appeals also rejected the defense of mutual departure from the terms of the partnership’s operating agreement, holding that the defense did not preclude our client from recovering under a separate claim for breach of fiduciary duty. 

 

No. A15A1987, 2016 WL 282856, at *1 (Ga. Ct. App. Jan. 25, 2016)