Bach

Plaintiff Robert K. Stone has filed this motion for dismissal (Cal. Rules of Court, rule 42) of defendant John N. Bach’s appeal following judgment in an action for partnership dissolution and accounting. The former partners are lawyers.

After an accounting to the court, judgment dissolving the partnership was entered July 9, 1976. It determined the assets of the partnership, including uncollected fees and legal costs advanced, and divided them. It recited that Bach had earlier been ordered to deposit partnership monies collected by him ($257,463 including interest) into a bank account, which he had not done (see infra)', and ordered him either to pay all such monies into an existing trustee account (in which other partnership monies were on deposit) or to pay Stone one-half directly. Finally, the judgment retained jurisdiction regarding the uncollected fees and costs.

The record discloses that on two separate dates Bach was found in contempt by the trial court. On October 15, 1975, pending trial of the action, Judge Curtiss E. Wetter found Bach in violation of Judge Vernon Stoll’s order of March 5, 1973, requiring him to deposit into specified accounts all partnership…