OREN W. SHAFFER, APPELLANT,
v.
FRANK ROSS, APPELLEE

Fla. 3d DCA | 1962-07-31
No. 61-805
Before PEARSON, TILLMAN, C. J., and HORTON and BARKDULL, JJ.
143 So. 2d 568 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Johnson v. Allen, 621 So. 2d 507 (Fla. 2d DCA 1993)
    …ed a final adjudication on the merits of the original complaint. To allow a voluntary dismissal of the original cause to otherwise cut off the Johnsons’ rights under the counterclaim would be a clear violation of rule 1.420(a)(2). See Johns v. Puca, 143 So. 2d 568 (Fla. 2d DCA 1962). Since the issues addressed herein are dis-positive of the case, we do not address the remaining issues raised in this appeal. Accordingly, the trial court’s entry of summary judgment in favor of Allen, Knudsen is hereby reverse…
  • Dreyfuss v. Jacques F. Dreyfuss & Brickell Earth Station, Inc., 701 So. 2d 437 (Fla. 3d DCA 1997)
    …e in the assets and liabilities of the business. Matter of Ward, 6 B.R. 93, 6 Bankr.Ct.Dec. 1231 (Bankr.M.D.Fla.1980); Florida Tomato Packers, Inc. v. Wilson, 296 So. 2d 536 (Fla. 3d DCA 1974), cert denied, 327 So. 2d 32 (Fla.1976); Shaffer v. Ross, 143 So. 2d 568 (Fla. 3d DCA 1962). To establish a partnership, there must be a “community of interest in performance of a common purpose, joint control or right of control, joint propriety of interest in subject matter, right to share in the profits, and duty to s…
  • Gordon v. Danilo Goodrich, 347 So. 2d 715 (Fla. 3d DCA 1977)
    …e Corporation v. Gilligan, 63 So. 2d 914 (Fla.1953). Accordingly, that portion of the order dismissing the counterclaim is reversed and the cause is hereby remanded with directions to reinstate the counterclaim upon the trial docket. Johns v. Puca, 143 So. 2d 568 (Fla. 2d DCA 1962). That portion of the order granting appellee’s motion for voluntary dismissal pursuant to Fla.R.Civ.P. 1.420(a)(2), is affirmed. Affirmed in part; reversed and remanded with directions in part.…

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