Affirms DJ in favor of appellee in action pertaining to formed partnership

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David Tower appeals a declaratory judgment in favor of Mark Johnson in an action pertaining to a dispute arising from a partnership that the two had formed. Upon appeal, Tower presents the following restated issue for review: Did the trial court err in determining that Tower purchased Johnson’s interest in the partnership before the partnership assets were sold to a third party?

(slip op. at 9):  Constrained by our standard of review, we conclude that the evidence supports the findings, which in turn support the judgment that Tower’s buyout of Johnson’s partnership interest was a fait accompli by the time of the January 25, 2005 closing. Thus, Tower has failed to demonstrate that the judgment is clearly erroneous. Judgment affirmed.

Key Analysis
(slip op. at 8):  Our review of the foregoing confirms that there was evidence to support either outcome argued by the parties. The evidence relied upon by Tower might support a conclusion that Johnson was still a partner at the time of the closing. But the opposite is true as well . . . In the end, we agree with Johnson that this appeal is a matter of the sufficiency of evidence.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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