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TP RACING, L.L.L.P. v. SIMMS

No. 1 CA-CV 12-0306.

307 P.3d 56 (2013)

TP RACING, L.L.L.P., Plaintiff/Counter-Defendant/Appellant, and Jeremy Ellis Simms and Serena Simms, Counter-Defendants/Appellants, v. Ronald A. SIMMS, a married man dealing with his sole and separate property; Ronald A. Simms, as Trustee of Ronald A. Simms Perpetual Asset Shield Trust; Ronald A. Simms, as Trustee of RAS Trust; RASCD, Inc., a California corporation, Defendants/Counter-Claimants/Appellees.

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

July 25, 2013.

Attorney(s) appearing for the Case

Stinson Morrison Hecker LLP by Michael Charles Manning, James M. Torre, Phoenix, Attorneys for Plaintiff/Counter-defendants/Appellants.

Greenberg Traurig LLP by E. Jeffrey Walsh, Stacey F. Gottlieb, Nicole M. Goodwin, Phoenix, Attorneys for Defendant/Counter-claimants/Appellees.

OPINION

SWANN, Judge.

¶ 1 This case presents the question whether Arizona law requires the automatic removal of a general partner from a limited partnership when a legally defective proceeding for dissolution remains pending against the general partner for more than 120 days. We hold that the relevant provision of Arizona's Limited Partnership Act, A.R.S. § 29-323(5), does not require removal in such circumstances.

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