Mahon v. Harst

BABCOCK, Judge.

Defendants, Bart Harst and John B. Smith, appeal the trial court’s judgment ordering defendants’ removal as general partners in a limited partnership pursuant to C.R.C.P. 106(a)(2) and awarding to plaintiffs certain management fees that had been paid to defendants, and attorney fees. We affirm in part, reverse in part, and remand with directions.

Before 1981, the parties were shareholders, officers, and directors of Western Health Care, Inc., which owned and operated a nursing home. In April 1981, Western Health Care leased the nursing home to a management company for a monthly…