DEWITT C. MAINE AND GAYLE J. MAINE, AND MAINE INCORPORATED, Appellants, v. MICHAEL B. STEWART, Respondent. DEWITT C. MAINE AND GAYLE J. MAINE, AND MAINE INCORPORATED, Appellants, v. MICHAEL B. STEWART, Respondent., 109 Nev. 721

Summary

Three lawsuits, which related to the partnership's dissolution, were consolidated. The trial court granted partial summary judgment to the general partner on the limited partner's fraud claims. It also determined several legal issues concerning provisions in the partnership dissolution agreement. A jury returned a verdict for the general partner on the remaining claims. The trial court awarded the general partner attorney's fees. On appeal, the court held the trial court had improperly granted partial summary judgment on the fraud claims because there remained issues of fact. The limited partner had set forth evidence of the general partner's fraud. The general partner did not refute this evidence. He merely stated that the mutual release clause contained in the dissolution agreement barred the fraud claim. Thus, the limited partner's fraud allegations must be presumed to be correct. The court also held that the trial court's pretrial determination of certain legal issues must be ...