Daniel Rojas, Carla Rojas, ATM's of El Paso, Dancar Enterprises, Inc., and Document Processing Systems, Inc. v. David Duarte and Elizabeth Duarte

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that inquiry is whether putative partners shared or agreed to share losses or liabilities
• noting that the evidence, or lack thereof, in support of the five factors is considered on a continuum
• finding evidence of an expression of intent where three witnesses testified that they heard both parties introduce themselves as partners in different business settings
• finding evidence of “control” one party was considered “management,” but the two parties nevertheless made decisions collaboratively, such as the decision to purchase a certain property, and both parties had access to the business’s finances
• where the evidence demonstrated that the parties intended to share profits in the future, this supported a finding that a partnership existed even though the parties had not yet started sharing profits

Source: CourtListener parenthetical corpus (CC0).