Giles v. Giles Land Company
Kansas Court of Appeals
279 P.3d 139 (Kan. App. 2012)
Giles Land Company, L.P. (partnership) (defendant) was a family-owned farming company. The partners were all related. The partnership held a meeting to consider converting the partnership to a limited liability company (LLC). One of the Giles children, Kelly (plaintiff), was unable to attend the meeting, but later received notice of the partnership’s determination to convert to an LLC. Kelly formally requested the partnership’s books and records for his review. He was not satisfied with the books and records turned over, so he brought suit against the partnership and the other partners (defendants), claiming that he was improperly denied access to the books and records. The defendants filed a counterclaim, arguing that Kelly should be dissociated from the partnership. The defendants presented evidence that Kelly had threatened them and that the family relationship was broken beyond repair. The defendants also presented evidence that they did not trust Kelly and vice versa. The trial court ruled in favor of the defendants on all counts, finding that it was not practicable to continue the partnership with Kelly as a partner. Kelly appealed the trial court’s order regarding his dissociation from the partnership to the Kansas Court of Appeals, arguing that he had not engaged in conduct relating to the partnership.
Rule of Law
Holding and Reasoning (Green, J.)
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