The appellant challenges summary judgment in this partnership dispute. The appellant contends that the trial court erred in granting summary judgment because the LP agreement's provision requiring the unanimous vote of the Class B limited partners to remove the general partner cannot be amended by a vote of a simple majority in interest of the Class A limited partners under the LP agreement's general amendment provision. The provision, "[e]xcept as herein otherwise expressly provided," means that the LP agreement could be amended by the written consent of a majority in interest of the limited partners. The trial court's judgment is affirmed. Amarillo Court of Appeals, No. 07-12-00191-CV, 08-07-2013.
Driveway Austin GP, LLC v. Turbo Partners, LLC
Tex. App. Dist. 7
August 20, 2013