Shaffer v. Ross
| Decision Date | 31 July 1962 |
| Docket Number | No. 61-805,61-805 |
| Citation | 143 So.2d 568 |
| Parties | Oren W. SHAFFER, Appellant, v. Frank ROSS, Appellee. |
| Court | Florida District Court of Appeals |
Robert V. Shea and Curtis A. Myers, Coral Gables, for appellant.
Thomas J. Walsh, Homestead, for appellee.
Before PEARSON, TILLMAN, C. J., and HORTON and BARKDULL, JJ.
The appellant, as plaintiff, brought a complaint for dissolution of a claimed partnership with the defendant and for an accounting. The chancellor dismissed the suit at the close of the plaintiff's case. The question therefore is whether the plaintiff established a prima facie case of the existence of a partnership. Hill v. Beacham, 79 Fla. 430, 85 So. 147.
A review of the evidence submitted shows a failure to prove a mutuality of interest in the profits and losses; therefore the chancellor correctly concluded that a partnership was not proved. Stevens v. McKibbin, 68 F. 406, 411 (5th Cir.1895). See Cooper v. Fulton, Fla.App.1961, 132 So.2d 616.
Affirmed.
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Dreyfuss v. Dreyfuss, 96-1381
...Florida Tomato Packers, Inc. v. Wilson, 296 So.2d 536 (Fla. 3d DCA 1974), cert denied, 327 So.2d 32 (Fla.1976); Shaffer v. Ross, 143 So.2d 568 (Fla. 3d DCA 1962). To establish a partnership, there must be a "community of interest in performance of a common purpose, joint control or right of......