McKee v. Gilbert

Plaintiffs brought an action to rescind a sale agreement and for other relief based on allegations of unauthorized actions and breaches of fiduciary duties by partners. The parties filed cross-motions for summary judgment; plaintiffs appeal orders granting defendants summary judgment, denying them summary judgment and dismissing their complaint. We conclude that summary judgment for defendants was improperly granted.

Three partnerships are involved in the suit. One partnership, known as “APTS,” was formed by Murrell, one of the three plaintiffs, and defendants Gilbert and Properties Personnel…