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HULLETT v. COUSIN

No. 1 CA-CV 00-0550.

32 P.3d 44 (2001)

201 Ariz. 119

Wayne HULLETT, individually and as Trustee of WEH Trust U/A 12/6/90, Plaintiff-Appellant, v. Mr. and Mrs. George COUSIN, as Trustees for Cousin Corporation Pension Plan and Trust, CPI of Florida Profit Sharing Plan, Numo Investment Company, Robert W. Fremont, Dr. Jerome Theis, as Trustee for Tri-County Clinic, Inc., Profit Sharing Plan, Anthony Barbera, as Trustee for BC and L Pension Plan, Richard N. Gold, as Trustee for R.N. Gold and Company, Inc., Pension, Professional Financial Management, Commercial Bank-Texas, as Custodian for Eloise Payne IRA Account, Dr. Leo Herber, Raymond James and Associates, as Custodian for Robert L. Thompson IRA Account, Robert J. and Martine M. Gregory, as Trustees for the Gregory Family Trust, Resources Trust Company, as Trustees of Robert W. Fremont IRA, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

October 2, 2001.

Attorney(s) appearing for the Case

Warnicke & Littler, P.L.C. by Ronald E. Warnicke, Robert C. Warnicke, Phoenix, for Plaintiff-Appellant.

Broening Oberg Woods Wilson & Cass, P.C. by Lori B. Kirsch-Goodwin, Donald Wilson, Jr., Phoenix, for Defendants-Appellees Cousin Corporation Pension Plan & Trust, Robert W. Fremont, Resources Trust Company as Trustee for Robert W. Fremont IRA, CPI of Florida Profit Sharing Plan, Estate of Eloise Payne and Dr. Leo Herber.

Dr. Jerome Theis, Kansas City, MO, In Propria Persona.

OPINION

NOYES, Judge

¶ 1 After a limited partnership sold its only asset, an apartment complex, it distributed the net proceeds to its general and limited partners and was deemed dissolved. A creditor later sued the limited partnership and its general partner for tort claims related to the apartment complex—claims that arose before the limited partnership dissolved and about which the limited partners had no notice. The creditor obtained a default...

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