Eight limited partners filed a lawsuit in the Lucas County Court of Common Pleas, alleging that the general partners in 10 different limited partnerships had engaged in an extensive pattern of self-dealing that had involved converting partnership property for their own personal use. Also named in the lawsuit was the accounting firm of Donald J. Goldstein, CPA, a resident of Florida, and Goldstein, Lewis, and Company, a professional corporation located in Florida. The plaintiffs claimed that the accountant and the accounting firm had known of the general partners’ misconduct and were therefore liable to the plaintiff for that malpractice. The accountant and the accounting firm decided to end the Page 91suit as quickly as possible. Consequently, they filed a motion for dismissal. The motion stated that the courts of Ohio lacked personal jurisdiction over them because they were from Florida. They further stated that they did not solicit business in Ohio, maintained no place of business in Ohio, had no license to act as accountants in Ohio, owned no property in Ohio, provided all services from Florida, and filed no documents with the state of Ohio. Thus, they concluded that they fell outside the power of Ohio’s long-arm statute. Conversely, the plaintiffs argued that the defendants transacted business in the state of Ohio on a continuing and ongoing basis by regularly submitting financial statements to the limited partners in Ohio and by being actively involved in the decisions of the general partnership. Did the activities of the accountant and the accounting firm place them under the jurisdiction of the Ohio court, according to the state “long-arm” statute? Explain. [See: Goldstein v. Christiansen, 638 N.E.2d 541 (OH).]

Administration Of Wills/Trusts/ And Estates
5th Edition
ISBN:9781285281308
Author:Brown
Publisher:Brown
Chapter10: Probate Courts And Uniform Laws
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Eight limited partners filed a lawsuit in the Lucas County Court of Common Pleas, alleging that the general partners in 10 different limited partnerships had engaged in an extensive pattern of self-dealing that had involved converting partnership property for their own personal use. Also named in the lawsuit was the accounting firm of Donald J. Goldstein, CPA, a resident of Florida, and Goldstein, Lewis, and Company, a professional corporation located in Florida. The plaintiffs claimed that the accountant and the accounting firm had known of the general partners’ misconduct and were therefore liable to the plaintiff for that malpractice. The accountant and the accounting firm decided to end the Page 91suit as quickly as possible. Consequently, they filed a motion for dismissal. The motion stated that the courts of Ohio lacked personal jurisdiction over them because they were from Florida. They further stated that they did not solicit business in Ohio, maintained no place of business in Ohio, had no license to act as accountants in Ohio, owned no property in Ohio, provided all services from Florida, and filed no documents with the state of Ohio. Thus, they concluded that they fell outside the power of Ohio’s long-arm statute. Conversely, the plaintiffs argued that the defendants transacted business in the state of Ohio on a continuing and ongoing basis by regularly submitting financial statements to the limited partners in Ohio and by being actively involved in the decisions of the general partnership. Did the activities of the accountant and the accounting firm place them under the jurisdiction of the Ohio court, according to the state “long-arm” statute? Explain. [See: Goldstein v. Christiansen, 638 N.E.2d 541 (OH).]

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