Caparos v. Morton

PRESIDING JUSTICE GALLAGHER

delivered the opinion of the court:

Defendants Michael Morton, Scott DeGraff and Late Night Las Vegas, Inc., appeal the trial court’s judgment in an action brought by numerous limited partners for breach of fiduciary duty, a constructive trust and an accounting. We hold that although the limited partnership could have been named as a party defendant, the partnership’s interests were not prejudiced by its absence from the proceedings in the trial court, and we therefore affirm.

In the early 1990s, Morton and DeGraff developed and opened Drink, a restaurant and…