The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

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F.S. 620.8307

620.8307 Actions by and against partnership and partners.—

(1) A partnership may sue and be sued in the name of the partnership.

(2) An action may be brought against the partnership and, to the extent not inconsistent with s. 620.8306, any or all of the partners in the same action or in separate actions.

(3) A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner’s assets unless there is also a judgment against the partner.

(4) A judgment creditor of a partner may perfect a judgment lien but may not proceed against or otherwise levy or execute against the assets of the partner to satisfy a judgment arising from a partnership obligation or liability unless the partner is personally liable for the claim under s. 620.8306 and:

(a) A judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part;

(b) The partnership is a debtor in bankruptcy;

(d) A court grants permission to the judgment creditor to proceed against or otherwise levy or execute against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court’s equitable powers; or

(e) Liability is imposed on the partner by law or contract independent of the existence of the partnership.

(5) This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under s. 620.8308.

History.—s. 13, ch. 95-242; s. 10, ch. 99-285.

F.S. 620.8307 on Google Scholar

F.S. 620.8307 on Casetext

Amendments to 620.8307

Arrestable Offenses / Crimes under Fla. Stat. 620.8307

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 620.8307.

Annotations, Discussions, Cases:

Cases from cite.case.law:

A. SHEPHARD, v. R. OUELLETE,, 854 So. 2d 251 (Fla. Dist. Ct. App. 2003)

. . . . § 620.8307(1), Fla. Stat. (2001). . . .

In B. CHAUNCEY, III B., 282 B.R. 34 (Bankr. M.D. Fla. 2002)

. . . . § 620.8307 provides in pertinent part: Actions by and against partnership and partners 3) A judgment . . .

ASOCIACION DE PERJUDICADOS POR INVERSIONES EFECTUADAS EN U. S. A. v. CITIBANK, F. S. B. N. A., 770 So. 2d 1267 (Fla. Dist. Ct. App. 2000)

. . . . § 620.8307(1), Fla. Stat. (1995). . . . The association asserts that section 620.8307(1) of the Revised Uniform Partnership Act (RUPA) should . . .

S. BAKER, M. C. v. F. PETWAY, III, S. J. TDJ TDJ, 740 So. 2d 1235 (Fla. Dist. Ct. App. 1999)

. . . In the alternative, appellants urge that section 620.8307, Florida Statutes, should be applied retrospectively . . . Section 620.8307(1), Florida Statutes, provides: "A partnership may sue and be sued in the name of the . . .