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Agreement required a public sale of the partnership
assets upon dissolution;
2. Notwithstanding the foregoing, plaintiff shall
have and recover nothing against defendants, or any of
them, except the plaintiff may withdraw the sum of
$389,662 deposited with the Court, plus interest
accrued thereon;
3. Defendants [sic] Sunroad Asset Management,
Inc. shall have and receive from plaintiff the sum of
$388,514.93 * * *; said sum represents the reasonable
attorneys’ fees and costs of Sunroad Marina, Inc. and
its predecessors [sic] Sunroad Asset Management, Inc.
in defending against plaintiff’s First, Second, Fifth
and Sixth Causes of Action, and which sum is net of
plaintiff’s reasonable attorneys’ fees and costs with
respect to the Fourth Cause of Action to August 11,
1999;
The judgment reflected the trial court’s holding against Collins
as to each of his six causes of action but for the fourth.
The trial court’s accompanying “STATEMENT OF DECISION”,
which was amended on November 9, 2000, to correct a minor
typographical error, reflected the trial court’s finding that
HCMP was dissolved on May 26, 1998, and that HCMP was terminated,
was wound up, and had its assets distributed as of December 8,
1998. The trial court also found that the payment of $389,662 to
Collins for his interest in HCMP was not less than the fair
market value of that interest and ordered that Collins could
withdraw from the trial court the $389,662 (with interest
thereon) as full compensation for his interest in HCMP. Collins
shortly thereafter withdrew the $389,662 from the trial court.
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