JORDAN v. MOSES., 291 Ga. 39

Summary

The attorney argued that the court of appeals inadequately addressed the issue of "new prosperity" in considering the acts that constituted the tort of wrongful dissolution of a partnership. The supreme court expressly disapproved any statement of the court of appeals that the tort of wrongful dissolution of a partnership required the attempt to appropriate the "new prosperity" of the partnership. The gravamen of a wrongful dissolution claim was a partner's attempt to appropriate, through the dissolution, the assets or business of the partnership without adequate compensation to the remaining partners. Because the court of appeals cited the disapproved language regarding "new prosperity," it was unclear whether the court of appeals considered the evidence as indicative solely of the attorney's state of mind at the time he decided to dissolve the partnership, with a coincident intent to deprive the partner of some unidentified prospective business opportunity of the partnership, or ...