APCAR INVESTMENT PARTNERS VI, LTD. V. GAUS
161 S.W.3d 137 (2005)
NATURE OF THE CASE: Apcar (P) appealed a summary judgment for Gaus (D), a partnership and
its two partners in P's suit for breach of a lease agreement.
FACTS: Smith & West, L.L.P. registered as a domestic limited liability partnership under
the TRPA. On August 11, 1999, Smith & West, L.L.P. leased office space from MF Partners I,
Ltd. for a term of 60 months. In connection with the lease, Gaus (D) and West (D) signed a
guaranty personally guaranteeing Smith & West, L.L.P.'s performance during the first 24
months of the lease. MF Partners I, Ltd. assigned its interest in the lease to P. P claimed
that, on October 31, 2002, Smith & West, L.L.P. stopped paying rent under the lease and
abandoned the leased premises. P filed suit for breach against Smith & West, L.L.P.; D and
West (D). Ds moved for summary judgment as they were partners in a registered limited
liability partnership, they were not individually liable for the partnership's obligations
under the lease and the guaranty they signed in connection with the lease limited their
personal liability to the first two years of the lease term. The trial court granted Ds'
motion for summary judgment. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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