Summary 2008 WY 30

Summary of Decision issued March 20, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Weiss v. Weiss

Citation: 2008 WY 30

Docket Number: S-07-0117

Appeal from the District Court of Sweetwater County, the Honorable Nena James, Judge

Representing Appellants (Defendants): C. M. Aron of Aron and Hennig, LLP, Laramie, Wyoming.

Representing Appellees (Plaintiff/Defendants): Marvin L. Tyler of Busart, West & Tyler, PC, Rock Springs, Wyoming; Dale W. Cottam and Lindsay A. Woznick of Hirst & Applegate, PC, Cheyenne, Wyoming; and Roger Franson of Hickey & Evans, LLP, Cheyenne, Wyoming.

Facts/Discussion: Neil M. Weiss, Sam Jay Weiss, and Stan L. Weiss (Appellants) sought review of an order of the district court entitled “Final Order Approving Plan for Winding Up and Distribution of the Assets of the Weiss Limited Partnership.” Melvin J. Weiss, Morris Weiss and Johanna Weiss Richards (Appellees) contended that the district court’s order should be affirmed as the only practical solution to what has been an insoluble problem for the family. Appellants contended that the General Partner was also a party but no brief was filed by the General Partner. The Receiver, who was appointed by the district court in 2006 to manage the partnership in the absence of the six partners’ ability to reach any sort of agreement about managing the partnership, is not a party to the proceedings. The Weiss Limited Partnership was included in the caption of the case in the district court and was represented by counsel throughout the proceedings below. However, it does not appear in the caption of this appeal and it made no appearance in the Court.
Appellants suggested that the district court’s order although captioned as a “final order” was not really final because additional proceedings in the district court were almost certain to be required before this case was resolved. Appellee’s relied on W.R.A.P. 1.05(e)(2). The Court stated that there are some areas of the law where “finality” can be elusive. The Court stated that Appellee’s reliance on Rule 1.05(e)(2) was plausible. They determined that further analysis was unnecessary because the parties did not thoroughly brief or argue the basis, or bases, for the appeal.
It was undisputed that the parties were unable to decide on how to distribute the partnership assets. It was equally apparent that it was the express will of all partners that the partnership be dissolved and that its assets be equally divided among them. This has been recognized as a proper basis for dissolution of a partnership. Appellants relied on the partnership agreement to argue that each sibling was to be involved in the management of the partnership’s assets and that they may not be compelled by the district court to receive their interest in any form other than cash, and not in kind. They also relied upon Wyo. Stat. Ann. § 17-14-705. The Court stated the statute did not support Appellants’ argument and that they failed to state a sound basis for their objections to distribution of the real estate in kind, in equal-sized and equal-value shares other than that it was not the distribution that they preferred.

Holding: The Court was satisfied that the order of the district court was appealable and that it was as “final” as could be fashioned in the case. The Wyoming statutes authorize a district court to wind up a limited partnership’s affairs and distribute the assets to the limited partners. Upon consideration of the unique circumstances of the instant case, the Court concluded that the district court did not err in entering the order which was the subject of the appeal.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/38b7zx .

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