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JENNINGS v. KAY JENNINGS FAMILY LTD.

Record No. 070498.

659 S.E.2d 283 (2008)

Michael F. JENNINGS v. KAY JENNINGS FAMILY LIMITED PARTNERSHIP, et al.

Supreme Court of Virginia.

April 18, 2008.

Attorney(s) appearing for the Case

Brad D. Weiss (Charapp & Weiss, on briefs), McLean, for appellant.

Robert E. Scully, Jr. (Emily Harwood Smith; Stites & Harbison, on brief), Alexandria, for appellee Kay Jennings Family Limited Partnership.

No brief filed by appellee Louis A. Jennings, Jr.

Present: HASSELL, C.J., KEENAN, KOONTZ, LEMONS, AGEE, and GOODWYN, JJ., and LACY, S.J.

OPINION BY Senior Justice ELIZABETH B. LACY.

In this appeal we consider whether the trial court erred in dismissing Michael Jennings' derivative suit because Michael, a limited partner in the Kay Jennings Family Limited Partnership, did not "fairly and adequately represent the interests" of the limited partners and the partnership and therefore lacked standing to bring a derivative suit pursuant to Code § 50-73.62.

FACTS and PROCEEDINGS

Louis...

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