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Partnership Judgment Decision and Appeal

I recently won a jury waived trial in Superior Court where the judge decided that I won on all counts of a partnership dissolution case with real estate rental properties as the assets. The verdict states that after selling the properties and paying off the mortgages, the assets be split between my former partner and I . The mortgages and deed are in the partners name and it was done that way on behalf of the partnership. Because of this, the partner took it upon himself to claim that he owned the properties by himself (hence the lawsuit - a classic case of greed). In addition, I filed a contempt lawsuit against him for not depositing thousands of dollars worth of rent in our LLC bank accounts since the commencement of the lawsuit (2 1/2 yrs ago) and the judge found him in contempt and I won on all those counts too. The judge awarded me the missing money and my attorney fees to be paid by the partner.

The problem is that he has since filed appeals for both the partnership dissolution verdict and the missing money contempt verdict. He is only appealing the partnership verdict because he does not want to split the proceeds after a sale of the properties. He also does not want to accept the fact that the judge ruled that he pay all that missing rent money plus my attorney fees for the contempt case. The judge found overwhelming evidence in my favor that the assets are owned by us both and were purchased with partnership assets and that record title to the properties were only in his own name on behalf of the Partnership.

He is dragging this on because he is a bully and cannot accept the verdicts. His attorneys are almost as bad since they have not once advised him to settle for a reasonable amount.

Without you knowing all details of the case, my question is how much of a chance will he have on appeal, knowing that the judge made no erroneous mistakes in the case, allowed all relevant evidence, and found overwhelming evidence in my favor?

I know that I'm looking at a minimum of 4 or 5 months until it's heard in the appeals court, but what are the appellate judges like in Massachusetts and what would it take for him to win an appeal, assuming no mistakes were made by the court?

Thank you in advance.

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Submitted Wed, 12/20/2017 - 07:36

Dear Litigant,

Where the judge has found the facts and applied the law correctly, the Appeals Court is highly likely to affirm the judgment.

In nonjury cases, findings of fact shall not be set aside unless clearly erroneous. A finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. On the other hand, to ensure that the ultimate findings and conclusions are consistent with the law, the court will scrutinize without deference the legal standard applied to the facts.

I have experience working on appeals. You are welcome to call to discuss.

Yours truly,

Robert Nislick
Attorney At Law
P.O. Box 5207
Framingham, MA 01701
(508) 405-1238

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