law-partnership-and-joint-venture | partnership disputes | partnership formation existence |
Fn 2: Prior case law discusses differences between joint ventures and partnerships. We see no legal or
logical reason for distinguishing a joint venture from a partnership on the question of formation of the
entity. See Gray v. West, 608 S.W.2d 771, 776 (Tex. Civ. App.—Amarillo 1980, writ ref’d n.r.e.). In fact, a
joint venture that satisfies the definition of “partnership” is a partnership subject to TRPA. Tex. Rev. Civ.
Stat. art. 6132b-2.02 Comment of Bar Committee. In this case, counsel for both Deere and Ingram used the
terms interchangeably during trial.
Ingram v. Deere,
No. 06-0815 (Tex. Jul 3, 2009)(Wainwright)(dispute over existence of partnership under TRPA, partnership
criteria/factors, fiduciary duty, common-law partnership vs. TRPA factors and standard, totality of the
circumstances test) (existence of partnership not proven, take-nothing judgment reinstated)
JESSE C. INGRAM, PH.D. AND BEHAVIORAL PSYCHOLOGY CLINIC, P.C. v. LOUIS DEERE, D.O. AND
HILLVALE MEDICAL GROUP ASSOCIATION D/B/A HILLVALE MEDICAL ASSOCIATION; from Dallas County;
5th district (05-05-00063-CV, 198 SW3d 96, 04-27-06 Opinion of the Dallas court of Appeals)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Medina, Justice Green, and Justice Willett joined, in which Justice O'Neill and Justice Brister joined except as
to part II.D.5.a, and in which Justice Johnson joined except as to part II.D.2. [pdf]
Justice Johnson delivered a concurring opinion. [pdf]