Legal Question in Business Law in Texas
Partner stole Chiropractic practice from partner
My husband has been in business with his Chiropractor partner for 9 yrs. My husband is not a doctor, he's marketing director for clinic. No written contract. CPA set up everything 50%/50% owners as Professional Corp. on 12-29-03 the Dr. secretly changed to P.A. Professional Association, our CPA never advised us of this change. We found out 6-05. This has literally allowed him to become the sole owner of the practice including some contents of equipment that my husband personally paid for $20,000. Dr. has also been expense shifting with his clinic in Richardson,Tx. + home internet ser. all kinds of ad's etc. All bills went to his home add. We had no access, all pass words were changed. Dr.changed locks on clinic while we were on vacation. Will not return our equip. Dr. keeping all accounts receivable, pays some bills. We did hire attroney. he took our $9,000 3 mos. ago and we are still in the same position as day one. My husband has no income and the clinic has charged items on husband cr. cards, were making payments on. Our atty. request records from Dr. and CPA and nothing is delivered to our atty. Isn't this CPA responsible to inform us of such a change? Do we have any options? it's too, expensive to hire another attorney.
1 Answer from Attorneys
Re: Partner stole Chiropractic practice from partner
The CPA had no duty to your husband to warn him about the change, assuming the CPA even knew the change was coming.
If your husband wasn't licensed as a chiropractor, he couldn't own shares in a Professional Corporation in the first place.
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