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Farnsworth v. Deaver

Of all the claims being asserted back and forth, the court finds none having facts or circumstances unrelated to those for which attorney's fees could be awarded in one way or another. Given this, the court cannot say that the Deavers neglected to segregate recoverable from unrecoverable fees. Amarillo Court of Appeals, No. 07-02-0481-CV

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Opinion

Johnny and Janie R. Farnsworth (the Farnsworths) appeal from a final judgment entered in favor of John M. and Carol J. Deaver (the Deavers). Through the judgment, the trial court denied recovery by the Farnsworths against the Deavers but awarded the latter monetary relief and attorney’s fees against the former. Furthermore, the dispute between the parties involved a partnership they had entered into, which partnership eventually fell upon hard times and had to be dissolved. The four issues before us concern the repayment of capital accounts, the removal of partnership property which the Deavers considered to be theft, the breach of fiduciary duties, and the award of attorney’s fees. The judgment is modified and affirmed as modified.

Issue One – Repayment of Capital Account Imbalance

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