Lopez v. Fernandez

[SEC-SICD * CASE NO. 09-95-5140. June 26, 1998.]

RESTITUTO LOPEZ, petitioner,vs.ATTY. ELISEO FERNANDEZ, ET AL., respondents.

D E C I S I O N

This is a petition filed by Restituto T. Lopez on his behalf and on behalf of Fernandez, Santos and Lopez against Atty. Eliseo A. Fernandez, Wilfredo Z. Palad and Lina A. Aseneta, for the appointment of management committee/receiver with a prayer for the issuance of a restraining order and/or writ of preliminary injunction to take custody of and control over all the remaining assets, resources and properties of the partnership known as Fernandez Santos and Lopez hereinafter referred to as FS&L and to undertake the management of the said firm. LexLib

In support, petitioner alleged among others, that respondent Atty. Eliseo A. Fernandez, in conspiracy with junior partners of the firm, committed fraudulent and unauthorized acts and acts of gross mismanagement that have resulted in the loss, wastage and dissipation of FS&L's assets and properties, such as: (a) fraudulent and unauthorized withdrawals of partnership funds in violation of Article XVIII of FS&L's Articles of Partnership...

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