Ortega Travel Services, Inc. v. Pearson

Rafael Ortega and Ortega Travel Services, Inc. appeal a declaratory judgment finding that a partnership existed, and a summary judgment awarding damages for usurpation of partnership opportunity. We affirm the declaratory judgment, but reverse the summary judgment and remand for further proceedings.

*932The record establishes that on February 27, 1992, Rafael Ortega, Willie A. Farrow, and Gary J. Pearson reached an agreement (and reduced it to writing in a “Memorandum of Understanding,” hereafter referred to as “the Memorandum”) for “joint participation in the preparation and executing of the…