Garrett v. Koepke

In Garrett v. Koepke, 569 S.W.2d 568 (Tex.Civ.App.-Dallas 1978, writ ref'd n.r.e.), the limited partnership failed to file the certificate of limited partnership. Garrett v. Koepke, supra at 570. The plaintiffs in Garrett claimed that the limited partners were liable as general partners because of the failure to file the certificate. The court explained that the primary purpose of the limited partnership statute is to provide notice of the limited partnership status to third parties. The court found that the plaintiffs "already had the information that would have been provided by compliance with the statute prior to dealing with the limited partnership." Garrett v. Koepke, supra at 569. Therefore, the court held that the partnership's failure to comply with Article 6132a did not cause the limited partners to lose their status as limited partners. Garrett v. Koepke, supra.