Clark v. Edris

OPINION

HATHAWAY, Judge.

Appellees filed an action against appellants in Pima County Superior Court to dissolve a public accounting partnership between the parties, for an accounting and for other relief in winding up the partnership. Appellants answered admitting the partnership and counterclaimed in three counts. Upon appellees’ motion, all three counts of the counterclaim were dismissed for failure to state a claim and this appeal is taken from that order of dismissal.

Appellants question on appeal whether an action by a partner will lie before or simultaneously with an accounting (1) on a…