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Deans v. McColumn

Court of Appeals of Mississippi

June 23, 2015

CHRISTOPHER DEANS, APPELLANT
v.
KATHY REED MCCOLUMN, APPELLEE

          DATE OF JUDGMENT: 09/19/2013.

          COURT FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT. TRIAL JUDGE: HON. WILLIAM H. SINGLETARY. TRIAL COURT DISPOSITION: DISSOLVED PARTNERSHIP AND DIVIDED ASSETS.

         FOR APPELLANT: JANE E. TUCKER, SHARON D. HENDERSON.

         FOR APPELLEE: S. MALCOLM O. HARRISON, DAVID NEIL MCCARTY.

         BEFORE LEE, C.J., ROBERTS AND JAMES, JJ. IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT. JAMES, J., CONCURS IN PART.

          OPINION

Page 973

          NATURE OF THE CASE: CIVIL - OTHER

         LEE, C.J.

         [¶1] In this case, we must determine whether the chancellor properly dissolved a partnership. We find no error by the chancellor and affirm.

         PROCEDURAL HISTORY

         [¶2] In 1998, Christopher Deans and Kathy McColumn, both physical therapists, formed Therapy First Outpatient Rehabilitation LLC (Therapy First). According to the operating agreement, Deans and McColumn each had a fifty-percent interest in Therapy First. The parties, through Therapy First, purchased a commercial building in Jackson, Mississippi, for their physical-therapy business.

         [¶3] In December 2011, McColumn filed a petition for dissolution in the Hinds County Chancery Court. Deans subsequently filed a counterclaim alleging fraud, breach of contract, breach of fiduciary duties, and conversion. McColumn filed a motion to strike Deans's counterclaim. The chancellor granted the motion to strike the counterclaim. A special master, Oran C. Page, was appointed to review all applicable information to assist the chancellor in dissolving Therapy First.

         [¶4] After a trial, the chancellor adopted the findings of the special master and ordered Therapy First to be dissolved.

         [¶5] Deans now appeals, arguing several issues, which we have condensed as follows: (1) the chancellor erred by dismissing his counterclaim, and (2) the chancellor's findings were unsupported by the record. McColumn filed a ...


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