Temple v. White Lakes Plaza Associates, Ltd.
Kansas Court of Appeals
816 P.2d 399 (1991)
- Written by Rich Walter, JD
Facts
John Temple was a limited partner in White Lakes Plaza Associates, Ltd. (White Lakes) (defendant), a Kansas commercial-property firm. The partnership agreement gave limited partners the rights to transfer their partnership interests. However, the agreement required the general partner’s consent before the transferee could take the transferor’s place in the partnership as a substitute limited partner. When a Florida court dissolved John’s marriage to his wife, Marianna Temple (plaintiff), John complied with the divorce decree by transferring to Marianna his rights to income and other distributions from White Lakes. In addition, John voluntarily resigned from White Lakes and designated Marianna to take his place as a substitute limited partner. Fearing Marianna’s disruptive influence, White Lakes’ general partner rejected the designation. Marianna sued White Lakes to enforce the designation. The Kansas trial court found no good reason not to give full faith and credit to the Florida court’s divorce decree and entered judgment for Marianna. White Lakes appealed to the Kansas Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Rulon, J.)
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