Florida Statute 620.8307 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

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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.

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Amendments to 620.8307

Annotations, Discussions, Cases:

Cases Citing Statute 620.8307

Total Results: 4

ASOCIACION DE PERJUDICADOS v. Citibank

770 So. 2d 1267, 2000 WL 1701050

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 1779047

Cited 2 times | Published

Stat. (1995). The association asserts that section 620.8307(1) of the Revised Uniform Partnership Act

Shephard v. Ouellete

854 So. 2d 251, 2003 WL 22103456

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 1459718

Cited 1 times | Published

partners." A partnership can sue and be sued. § 620.8307(1), Fla. Stat. (2001).

In re Chauncey

282 B.R. 34, 2002 Bankr. LEXIS 838, 90 A.F.T.R.2d (RIA) 5759, 2002 WL 1822867

United States Bankruptcy Court, M.D. Florida | Filed: Feb 11, 2002 | Docket: 65782447

Published

law contains a similar provision. Fla. Stat. § 620.8307 provides in pertinent part: Actions by and against

Baker v. Petway

740 So. 2d 1235, 1999 Fla. App. LEXIS 11565, 1999 WL 641434

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 64790845

Published

In the alternative, appellants urge that section 620.8307, Florida Statutes,1 should be applied retrospectively

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