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consequently, the fact that he abandoned that responsibil-
ity supports a finding that he dissociated from the partner-
ship.
Winding Up
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
for good cause shown, may order judicial su-
* * *
bilities, distribute the assets of the partnership pursu-
ant to § 61-1-807, settle disputes by mediation or ar-
assets must be credited and charged to the partners' ac-
attributable to an obligation for which the partner is not
required merely because the record does not contain proof
upon a hearing on that issue, or to convince the appellate
courts that he was denied the opportunity to do so through
no fault of his own. Id. (citing Wilson Mgmt. Co., 745
S.W.2d at 873); Kahn, 756 S.W.2d at 697. Absent a re-
objected to the lack of an affidavit or itemization support-
ing the award of attorney's fees in this case until the ap-
peal. There is also no indication that Mr. Willensky at-
tempted to submit any evidence to dispute Ms. Moran's
Ct.App. R. 6. Because it is incumbent upon a party to take
whatever action is reasonably available to prevent or nul-
lify the harmful effects of an error, Tenn. R.App. P. 36(a),
having not specifically raised this issue at the trial level,
of the litigation. From our review, the evidence does not
preponderate against the amount of attorney's fees award-
ed by the trial court.
the trial court's award of accountant's fees in this case.
Concerning other litigation related expenses, including
mediator's fees and transcript costs, receipts for these ex-
penditures were submitted into evidence. From the record
as a whole, we conclude that there is sufficient evidence
to support the amount of fees awarded.
(for inappropriate expenditures Mr. Willensky made with
partnership funds) on her motion for partial summary
judgment. From his brief, it does not appear that Mr. Wil-
lensky challenges the $15,051.72 award; rather he asserts
upon the evidence, the trial court awarded only $6,745.63
of this amount. Regarding these project costs, Ms. Moran
provided documentation of the $3,000 plumber's bill and
the $550 drywall charges. In fact, according to the record,
that Ms. Moran had specifically asked him not to make
this purchase. The record indicates that Mr. Willensky
ordered the carpet anyway, and left town without paying
the bill. Consequently, the trial court correctly held that
Finally, concerning the award of $190 for new locks, the
record indicates that Mr. Willensky left town without re-
linquishing all of the keys to the Property to Ms. Moran;
consequently, and as a direct result of Mr. Willensky's
Ms. Moran has asked this Court to award her attorney's
fees incurred in defending this appeal. An award of appel-
late attorney's fees is a matter within this Court's sound
discretion. Archer v. Archer, 907 S.W.2d 412, 419
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
for good cause shown, may order judicial su-
* * *
bilities, distribute the assets of the partnership pursu-
ant to § 61-1-807, settle disputes by mediation or ar-
assets must be credited and charged to the partners' ac-
attributable to an obligation for which the partner is not
required merely because the record does not contain proof
upon a hearing on that issue, or to convince the appellate
courts that he was denied the opportunity to do so through
no fault of his own. Id. (citing Wilson Mgmt. Co., 745
S.W.2d at 873); Kahn, 756 S.W.2d at 697. Absent a re-
objected to the lack of an affidavit or itemization support-
ing the award of attorney's fees in this case until the ap-
peal. There is also no indication that Mr. Willensky at-
tempted to submit any evidence to dispute Ms. Moran's
Ct.App. R. 6. Because it is incumbent upon a party to take
whatever action is reasonably available to prevent or nul-
lify the harmful effects of an error, Tenn. R.App. P. 36(a),
having not specifically raised this issue at the trial level,
of the litigation. From our review, the evidence does not
preponderate against the amount of attorney's fees award-
ed by the trial court.
the trial court's award of accountant's fees in this case.
Concerning other litigation related expenses, including
mediator's fees and transcript costs, receipts for these ex-
penditures were submitted into evidence. From the record
as a whole, we conclude that there is sufficient evidence
to support the amount of fees awarded.
(for inappropriate expenditures Mr. Willensky made with
partnership funds) on her motion for partial summary
judgment. From his brief, it does not appear that Mr. Wil-
lensky challenges the $15,051.72 award; rather he asserts
upon the evidence, the trial court awarded only $6,745.63
of this amount. Regarding these project costs, Ms. Moran
provided documentation of the $3,000 plumber's bill and
the $550 drywall charges. In fact, according to the record,
that Ms. Moran had specifically asked him not to make
this purchase. The record indicates that Mr. Willensky
ordered the carpet anyway, and left town without paying
the bill. Consequently, the trial court correctly held that
Finally, concerning the award of $190 for new locks, the
record indicates that Mr. Willensky left town without re-
linquishing all of the keys to the Property to Ms. Moran;
consequently, and as a direct result of Mr. Willensky's
Ms. Moran has asked this Court to award her attorney's
fees incurred in defending this appeal. An award of appel-
late attorney's fees is a matter within this Court's sound
discretion. Archer v. Archer, 907 S.W.2d 412, 419
