OF JUDGMENT: 09/19/2013.
FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT. TRIAL
JUDGE: HON. WILLIAM H. SINGLETARY. TRIAL COURT DISPOSITION:
DISSOLVED PARTNERSHIP AND DIVIDED ASSETS.
APPELLANT: JANE E. TUCKER, SHARON D. HENDERSON.
APPELLEE: S. MALCOLM O. HARRISON, DAVID NEIL MCCARTY.
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.
NATURE OF THE CASE: CIVIL - OTHER
In this case, we must determine whether the chancellor
properly dissolved a partnership. We find no error by the
chancellor and affirm.
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
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.
After a trial, the chancellor adopted the findings of the
special master and ordered Therapy First to be dissolved.
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 ...