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Tag Archives: Withdrawal

Partnership – Agreement – Withdrawal – Lost ‘Rights’ (access required)

Pellegrin v. Berthelsen Even though the parties’ partnership agreement takes away a partner’s “rights” once he withdraws from the partnership, this provision of the agreement does not prohibit plaintiff - a former partner who withdrew from the partnership — from suing his former partners for partnership dissolution/forced buy-out; breach of fiduciary duty; breach of contract; an accounting; an injunction; liquidation of partnership assets; and a declaration that plaintiff is relieved from making contributions to the partnership’s operating deficits.

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Civil Practice – Attorneys – Withdrawal — Default Judgment – Motion to Set Aside (access required)

ITC Commercial Funding, LLC v. Crerar In two letters to appellant, Georgia attorney John West explained that he was not authorized to practice law in South Carolina and that appellant needed to find new counsel. Even if West did not comply with Rule 1.2(c) of the Rules of Professional Conduct, the trial court was not required to consider the RPC in determining whether West acted with reasonable care. The trial court did not abuse its discretion in determining that West’s letter sufficiently limited his representation of appellant. We affirm the trial court’s refusal to set aside a default judgment against appellant.

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