Legal Opinion · Dissent

In Re Estate of Ivanchak

Ohio Court of Appeals

Decided September 29, 2006No. 2005-T-0094Published

1DissentDiane V. Grendell, Judge

{¶ 32} I respectfully dissent.

{¶ 33} The issue before this court is whether the probate court correctly concluded that the business entity known as Ivanchak, Ivanchak & Fowler was not a partnership. The business entity known as Ivanchak, Ivanchak & Fowler displayed every essential attribute of partnership. The “call” in this case is not close.

{¶ 34} The undisputed testimony of every party in this case is that Theodore Ivanchak, Terry Ivanchak, and John Fowler intended to operate their law practice as a partnership. The probate court, in its judgment entry, acknowledged that “the parties…

2Cases cited3 opinions

  1. Simandl v. SchimandleOhio Court of Appeals · 1982
  2. Harvey v. HarveyOhio Court of Appeals · 1993
  3. Heinz v. SteffenOhio Court of Appeals · 1996

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