Legal Question in Business Law in Nevada

Partition

About 4 years ago I decided to start a dental practice as a dental hygienist. Due to Nevada dental laws and regulations, I, as non dentist could not be the public record owner of the practice. I hired a dentist to go on title as the �owner� of my practice. The dentist had no financial contribution to this practice. We entered into life long management and profit sharing agreement. Whereby, I and my management company agreed in the contract to provide full service management for the office in return for 50% of the net profit of the practice. This agreement was for the duration of existence of the practice in this particular city as long as the dentist continues practicing in the same city where the practice is. The lease hold improvements, equipments, supplies etc. is equally owned by me and the dentist. The lease is signed by me and the dentist as individuals as tenants in common. My partner dentist initiated a frivolous restraining order against me. My question is what is the most proper and immediate legal remedy for me to occupy and have the use of my half of the lease hold, equipments, etc. He has been using the entire space to himself without my permission or any court order and without compensation to me.


Asked on 9/22/06, 3:49 pm

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: Partition

You need to file a civil case for breach of contract or a counterclaim to his case, and then a motion for an accounting, appointment of a receiver and for a preliminary injunction. The problem may be that your contract is illegal in that only dentists are suppose to own a dental practice.

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Answered on 9/22/06, 5:01 pm


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