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Appeals court sends dissolution lawsuit back to trial court

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The dissolution of a family-owned limited partnership was remanded to a Lake County court Tuesday after the Indiana Court of Appeals ruled that the trial court erred in allowing some of the partners to pursue a derivative action.

In a 35-page unanimous opinion, Judge Patricia Riley ordered continuation of proceedings that began almost 18 years ago to dissolve Rueth Development Company. The court affirmed in part, reversed in part and remanded the Lake Superior Court’s grant of relief vacating the dismissal of dissolution proceedings involving partners in the land-development company.

“Because appellees’ claims do not satisfy the statutory requirements for a limited partnership derivative action and because the claims asserted by Harold (Rueth) in the amended application were brought in the context of winding up RDC’s affairs and his demand for an accounting, the trial court’s grant of relief is clearly erroneous,” Riley wrote.

The order also ruled that the trial court did not abuse its discretion by granting relief under Trial Rule 60(B) and that the court did not abuse its discretion by granting a preliminary injunction on capital distribution and payment of attorney fees.




 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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