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Accolades Apartments, L.P. v. Fulton County
Citations: 273 Ga. App. 573; 616 S.E.2d 123; 2005 Fulton County D. Rep. 1788; 2005 Ga. App. LEXIS 577Docket: A04A0622
Court: Court of Appeals of Georgia; June 8, 2005; Georgia; State Appellate Court
The case, presided over by Chief Judge Ruffin, marks the fourth appearance before the court concerning the existence of a partnership based on a Statement of Partnership filed with the State. The court previously determined that such a statement was not conclusive evidence of a partnership, affirming the trial court's ruling that no partnership existed. This decision relied heavily on a Supreme Court opinion stating that whether a joint venture constitutes a partnership is a factual question dependent on the rights and responsibilities of the involved parties. Accolades appealed this ruling to the Supreme Court, which reversed the previous findings by concluding that the Statement of Partnership is indeed conclusive regarding the existence of a partnership. As a result, the appellate court vacated its prior judgment and adopted the Supreme Court's ruling as its own. The judgment was reversed on June 8, 2005, with concurrence from Justices Adams and Bernes. Notable legal representatives for both the appellant and appellee are acknowledged in the document. The text references multiple prior cases related to the ongoing litigation involving Accolades Apts. and Fulton County.