Stroud's Creek Homeowners' Ass'n v. Brown

OPINION ON MOTION FOR REHEARING

Defendants strenuously contend that this court “erred in holding that Defendants Brown and Newkirk were before the Court in their individual capacities at the time the Land Company’s Original Answer was filed.”

Brown and Newkirk were both general partners of the land company. Defendants assert that a judgment “could have been enforced against the assets of the Land Company, the-limited partnership, but not against the individual assets of Brown and Newkirk.” (Emphasis added). It is defendant’s contention that our holding on the waiver of the venue issue thus…