- 16 - applicable provisions of the partnership agreement required a public sale of those assets. The trial court’s August 11, 1999, order stated that Sunroad Asset must sell the marina “on the open market at the highest price * * * [it] can procure after a reasonable marketing effort” and that it is “not legally entitled to distribute Sunroad Marina [the marina] * * * in kind to itself and/or an entity or entities it controls while distributing cash to Collins”. Following this order, Sunroad Asset declined to put the marina on the market. On October 7, 1999, Collins amended his complaint in the lawsuit to add a sixth cause of action for specific performance. This cause of action prayed that the trial court compel Sunroad Asset to sell the marina in the open market and to distribute the sale proceeds pro rata to the partners in compliance with paragraph 12 of the partnership agreement and the trial court’s August 11, 1999, order. The lawsuit was tried on April 4, 5, 6, and 26, 2000, and the trial court filed its Statement of Decision and entered its related judgment on October 17, 2000. The judgment stated in relevant part that: IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. Pursuant to the Court’s August 11, 1999, Order on Plaintiff’s Fourth Cause of Action for Declaratory Relief, plaintiff is entitled to and has a judicial declaration that Harbor Cove Marina Partners dissolved as of May 26, 1998, and that the applicable PartnershipPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011