Sunday, July 10, 2011

Court Reviews Whether an Implied Partnership Existed Between Two Parties and Whether Certain Property was Subject to Divestiture

REBECCA GRIBBLE WADDELL v. GREGORY C. RUSTIN (Tenn. Ct. App. July 7, 2011)

This case stems from a lawsuit over an alleged implied partnership. Rebecca Gribble Waddell ("Waddell") and Gregory C. Rustin ("Rustin") were involved romantically for a number of years. After the couple separated, Waddell sued Rustin in the Chancery Court for Jefferson County ("the Trial Court"), alleging, among other things, that a partnership existed between Waddell and Rustin.

The Trial Court held, inter alia, that there was no partnership between Waddell and Rustin and ordered divestiture of certain property from Waddell to Rustin. Waddell appeals to this Court, and both parties raise multiple issues. Rustin also argues that this appeal is frivolous. We affirm the judgment of the Trial Court on all issues except for that concerning divestiture of certain property from Waddell, which we reverse. We decline to hold this appeal frivolous. We affirm, in part, and, reverse, in part.

Full opinion available at:
http://www.tba2.org/tba_files/TCA/2011/waddellr_070711.pdf