620.8307
Actions by and against partnership and partners.
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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;
(c) The partner has agreed that the creditor need not exhaust partnership assets;
(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.
Notes of Decisions
Cited in 6
cases, 1999–2008 · leading case: Shephard v. Ouellete
Shephard v. Ouellete (2003)
“…sets forth that "[a] partnership is an entity distinct from its partners." A partnership can sue and be sued. § 620.8307(1), Fla. Stat. (2001).”
Baker v. Petway (1999)
“In the alternative, appellants urge that section 620.8307, Florida Statutes, 1 should be applied retrospectively to permit their action against the partnerships; or, the general partner’s acceptance of service and voluntary appearance in the *1236 lawsuit constituted a waiver of…”
Sunseri v. Moen (2008)
“” Fla. Stat. §620.8307 (3) (2001). Sunseri has not obtained a foreign judgment against Moen.”
ASOCIACION DE PERJUDICADOS v. Citibank (2000)
“The association asserts that section 620.8307(1) of the Revised Uniform Partnership Act (RUPA) should be extended to confer standing on unincorporated associations because the common law rule that unincorporated associations are to be treated like partnerships has not been…”
In re Chauncey (2002)
“Fla. Stat. § 620.8307 provides in pertinent part: Actions by and against partnership and partners 3) A judgment against a partnership is not by itself a judgment against a partner.”
Sunseri v. Moen (2008)
“Conversely, Sunseri has not registered the foreign judgment against the partnership with the affidavit filed by counsel in Rock Island County, Illinois. The principles of res judicata apply even when a judgment is not registered in a foreign jurisdiction.”
— 620.8307(1) — 3 cases
Shephard v. Ouellete (2003)
“…sets forth that "[a] partnership is an entity distinct from its partners." A partnership can sue and be sued. § 620.8307(1), Fla. Stat. (2001).”
Baker v. Petway (1999)
“In the alternative, appellants urge that section 620.8307, Florida Statutes, 1 should be applied retrospectively to permit their action against the partnerships; or, the general partner’s acceptance of service and voluntary appearance in the *1236 lawsuit constituted a waiver of…”
ASOCIACION DE PERJUDICADOS v. Citibank (2000)
“The association asserts that section 620.8307(1) of the Revised Uniform Partnership Act (RUPA) should be extended to confer standing on unincorporated associations because the common law rule that unincorporated associations are to be treated like partnerships has not been…”
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