Calderoni v. Senese
Plaintiffs Who Seek To Dissolve Partnership Request Trial By Jury
Civil Procedure | Trial | Business Entities | Dissolution | Partnerships
- Hartford J.D., at Hartford
- Jan 23 2014 (Date Decided)
- Huddleston, J.
No right to a trial by jury exists for claims for an accounting, a dissolution of a partnership and an appointment of a receiver, because the claims are clearly equitable. The plaintiffs alleged that the defendant management partner took unauthorized management fees that were disguised as commissions and converted partnership assets to his own account. The plaintiffs filed an action to dissolve the family partnership and to remove the defendant as a general partner. The plaintiffs sought a trial by jury, and the defendant filed a motion to strike from the jury list. The plaintiffs maintained that the action is primarily legal, as opposed to equitable, and asked the court to exercise its jurisdiction to submit issues of fact to the jury. "The settlement of partnership affairs comes properly within the equity jurisdiction of the court," pursuant to Maruca v. Phillips, a 1952 decision of the Connecticut Supreme Court, when the relief requested involves an accounting, a dissolution and the appointment of a receiver. The plaintiffs seek to dissolve the family partnership and to obtain an accounting, the appointment of a receiver and monetary damages. The court found that the plaintiffs’ allegations are primarily equitable, and that no right exists to a jury trial. The court granted the defendant’s motion to strike from the jury list.