Agency and Partnership – Dissolution – Breach of Fiduciary Duty – Management of Assets

Where the appellant, who sued the respondent seeking judicial dissolution of the partnership and an accounting of partnership assets, alleges the respondent breached her fiduciary duties through her management of the partnership assets and bookkeeping, the trial court properly found the respondent did not breach her fiduciary duties since: (1) the appellant offered no evidence to demonstrate the respondent denied him access to partnership accounts or records or prohibited him from participating in the management of the business; (2) the respondent acted within her rights as a partner to terminate the partnership; and (3) the respondent acted properly to begin the process of winding up the partnership affairs by renovating and selling the partnership’s remaining assets.

Hill v. Harbert (Lawyers Weekly No. 011-159-05) (6 pages) (Per Curiam) (SCCOA) Appealed from the Greenville County Circuit Court, John W. Kittredge, J.; Michael S. Chambers for appellant; Lynn R. Hudson and Melvin R. Hudson for respondent (Unpublished No. 2005-UP-283) (April 20, 2005).