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Jordan v. Moses

The Court of Appeals incorrectly stated that an action for wrongful dissolution of a partnership requires a showing that the partner acted in bad faith by attempting to appropriate to his own use the new prosperity of the partnership without adequate compensation, as the forward focus of a wrongful dissolution claim does not mean that matters past and pending at the time of the dissolution are not relevant to the claim.

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This Court granted certiorari to the Court of Appeals in Moses v. Jordan , 310 Ga. App. 637 714 SE2d 262 2011, to determine whether that Court applied the proper legal analysis to the claim of wrongful dissolution of a partnership. For the reasons that follow, we reverse and remand. Attorneys Jordan and Moses formed a two-member partnership on January 1, 2003, for an indefinite term. In August 2006, Jordan communicated to Moses that he was contemplating ending the partnership, and later that month, stated that he was doing so. Moses did not agree with Jordan’s plans, and the parties continued to communicate regarding the matter. On February 22, 2007, Jordan filed a complaint seeking a declaratory judgment that the partnership was legally dissolved on September 26, 2006 by virtue of a letter to Moses specifying that date, and requested that the trial court make certain declarations regarding financial obligations of the parties. Moses counterclaimed, asserting numerous claims, including wrongful dissolution of the partnership.1 The trial court granted Jordan’s motion for summary judgment as to that claim, and Moses appealed that order and other orders. Further facts can be found in the opinion of the Court of Appeals, which reversed the trial court. See Moses , supra.

Jordan contends that the Court of Appeals inadequately addressed the issue of “new prosperity” in considering the acts that constitute the tort of wrongful dissolution of a partnership. However, as Moses correctly notes, in this Court’s precedent, the term “new prosperity” has been deliberately avoided. Nonetheless, the Court of Appeals employed that term in Moses , supra.

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