EX PARTE MASTER BOAT BUILDERS, INC., 779 SO.2D 192 (ALA. 2000)

Partner sued copartners for damages, alleging suppression, breach of fiduciary duty, conversion, and misrepresentation, and alleged accounting malpractice as to one copartner in his capacity as partner's personal accountant. The Mobile Circuit Court, No. CV-97- 1471, Ferrill D. McRae, J., denied copartners' motions for summary judgment and alternative motions to strike partner's jury demand. Copartners petitioned for writ of mandamus. The Supreme Court, Maddox, J., held that: (1) Alabama Uniform Partnership Act (AUPA) did not apply to partnerships formed before January 1, 1997; (2) under the Alabama Partnership Act (APA), partner was not entitled to a jury for claims arising out of the partnership business; but (3) accounting malpractice claim was not subject to equitable accounting requirement. Petitions granted in part and writs issued.
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