LAWLIS V. KIGHTLINGER & GRAY
562 N.E.2d 435 (1990)
NATURE OF THE CASE: This was a dispute over partnership severance at a law firm. Lawlis (P) appealed a summary judgment in favor of Kightlinger (D) that no genuine issues as to whether D breached the partnership agreement, breached a fiduciary duty to P, was guilty of constructive fraud, breached an oral contract, in P's action for wrongful expulsion from the partnership.
FACTS: Lawlis (P) worked for and eventually became a senior partner in Kightlinger & Gray (D). However, he eventually succumbed to the love of the bottle and things began to unravel. D accommodated P in his trials and tribulations and eventually P returned to a sober state. While his personal problems were ongoing P's partnership units were reduced from 90 to 60. Believing his problem was over, P applied to the partnership committee for restoration of his previous status and his unit participation in the partnership be increased from 60 to 90. However, D informed P that it was terminating the relationship and P was assigned one unit of participation for the first six months of 1987. P refused to sign that addendum and retained a lawyer to represent his interests. P was expelled by a vote of seven to one. Involuntary expulsion required a 2/3rds vote. P sued for breach of contract. Summary judgment was entered for D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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