For Your Data Mccormick V. Brevig Illustration Brief
September 16, 2019
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McCormick v. Brevig representative brief summary
96 P.3d 697 (2004)
CASE FACTS
Although the lawsuit courtroom recognized that Mont. Code Ann. § 35-10-629 required distribution of assets inward cash, the lawsuit courtroom industrial plant life that liquidation would endure inequitable. In the involvement of preserving the household unit of measurement ranch, the lawsuit courtroom ordered the sis to sell her partnership involvement to her blood brother next an appraisal.
DISCUSSION
The courtroom reversed the gild that had required the sis to sell her involvement to her brother, reversed the ruling that the brother's cattle were partnership assets, affirmed the lawsuit court's determinations inward other respects, together with remanded for an accounting together with liquidation.
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96 P.3d 697 (2004)
CASE SYNOPSIS
Cross-appeals were taken from a judgment from the District Court of the Tenth Judicial District, inward together with for the County of Fergus (Montana), which, inward a bench trial, dissolved the parties' ranching partnership nether Mont. Code Ann. § 35-10-624(5) together with ordered its work organisation injure up.CASE FACTS
- Joan McCormick (P) together with Clark Brevig (D), blood brother together with sister, were 50/50 partners inward a ranching partnership.
- Their human relationship of the parties deteriorated over time, ultimately becoming impossible for them to cooperate on work organisation matters.
- McCormick sued Brevig, alleging that he had taken holding of the partnership for his ain use, together with seeking an accounting.
- McCormick farther requested an gild mandating the dissolution together with winding upwards of the partnership business.
- The lawsuit courtroom ordered that the partnership endure dissolved together with injure up.
- It determined McCormick’s part inward the partnership to endure worth $1,107,672, together with ordered Brevig to pay McCormick that amount.
- McCormick refused to lead keep the payment together with appealed the order.
- He argued that the partnership assets must endure sold together with the proceeds distributed.
Although the lawsuit courtroom recognized that Mont. Code Ann. § 35-10-629 required distribution of assets inward cash, the lawsuit courtroom industrial plant life that liquidation would endure inequitable. In the involvement of preserving the household unit of measurement ranch, the lawsuit courtroom ordered the sis to sell her partnership involvement to her blood brother next an appraisal.
DISCUSSION
- The courtroom reversed that order, holding that when dissolution was ordered pursuant to Mont. Code Ann. § 35-10-624(5), the statute required that the partnership assets endure reduced to cash.
- The lawsuit courtroom did non err inward accepting a exceptional master's written report nether Montana R. Civ. P. 53, although the master's determinations were non stated equally findings of fact together with conclusions of law.
- The bear witness supported a ruling that the blood brother did non dissociate from the partnership pursuant to Montana Code Ann. § 35-10-616.
- Although for sure cattle owned past times the blood brother together with his sons had been included inward the partnership's taxation returns, this did non rebut the presumption nether Montana Code §35-10-203 that the cattle were non partnership assets.
- An altered tape recording was properly excluded for lack of authentication nether Montana R. Evid. 901.
The courtroom reversed the gild that had required the sis to sell her involvement to her brother, reversed the ruling that the brother's cattle were partnership assets, affirmed the lawsuit court's determinations inward other respects, together with remanded for an accounting together with liquidation.
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