Business Law case 12

Business Law case 12 - Trial Court; Plaintiff wins;...

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Banyei Isoh William H. Proctor 10/31/09 Horizion/CMS Healthcare Corporation v. Southern Oaks Health Care INC. Court of Appeal of Florida , Fifth District, 1999 732 So. 2d 1156, review denied, 744 So.2d 454 Facts: Horizon a large publicly traded provider wanted to expand into Osceola County, in Florida. Southern Oaks was already operating in Osceola County and it owned the Southern Oaks Health Care Center. Horizon and Southern Oaks formed a partnership to own a facility in Kissimmee named Royal Oaks. Horizon was to manage both facilities. Southern Oaks brought a lawsuit against Horizon stating that Horizon breached its obligations under the partnership agreements and under management contracts. Issue: Should the partnership be dissolved and should damages be recovered? Holding:
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Unformatted text preview: Trial Court; Plaintiff wins; partnership dissolved Court of Appeals; Plaintiff wins; Affirmed and damages denied. Reason: The partnership was dissolved because of irreconcilable differences. The court believed that enough damage was done to the relationship as a partnership that it could no longer be carried out. Another reason why the partnership was dissolved is because damages were properly denied. Rule of Law: A court-ordered dissolution for good cause is not wrongful and does not entitle any of the parties to damages. As a result of the court making the decision to dissolve the partnership because of the harm done to each party, no party is granted damages and it is not a wrongful dissolution because it was not a breach done by one specific party....
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