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Wittingham v. TNE Limited Partnership, 2020 UT 49 (July 15, 2020)

Jul 15, 2020

The supreme court held that a trust deed executed by an administratively dissolved limited partnership was merely voidable—as opposed to void.  Applying the test first articulated in Ockey v. Lehmer, 2008 UT 37, 189 P.3d 51, the supreme court assessed whether the legislature had declared that the contract at issue was unlawful and absolutely in “General and Limited Liability Partnership Act” and whether transaction harmed the public as a whole.