Florida Statute 620.8405 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

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F.S. 620.8405

620.8405 Actions by partnership and partners.—

(1) A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.

(2) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to:

(a) Enforce such partner’s rights under the partnership agreement;

(b) Enforce such partner’s rights under this act, including:

1. Such partner’s rights under s. 620.8401, s. 620.8403, or s. 620.8404;

2. Such partner’s right upon dissociation to have the partner’s interest in the partnership purchased pursuant to s. 620.8701 or enforce any other right under ss. 620.8601-620.8705; or

3. Such partner’s right to compel a dissolution and winding up of the partnership business under s. 620.8801 or enforce any other right under ss. 620.8801-620.8807; or

(c) Enforce the rights and otherwise protect the interests of such partner, including rights and interests arising independently of the partnership relationship.

(3) The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.

History.—s. 13, ch. 95-242.

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Amendments to 620.8405

Arrestable Offenses / Crimes under Fla. Stat. 620.8405

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 620.8405.

Annotations, Discussions, Cases:

Cases Citing Statute 620.8405

Total Results: 5

VICKEN BEDOYAN v. HAROUT SAMRA

Court: District Court of Appeal of Florida | Date Filed: 2022-09-30

Snippet: Uniform Partnership Act of 1995 (“RUPA”), 1 section 620.8405, 1 As explained in Larmoyeux v. Montgomery

Larmoyeux v. Montgomery

Court: District Court of Appeal of Florida | Date Filed: 2007-08-01

Citation: 963 So. 2d 813, 2007 WL 2189079

Snippet: independently of the partnership relationship." § 620.8405(2), Fla. Stat. (2001); see also Unif. P'Ship Act

Efron v. Milton

Court: District Court of Appeal of Florida | Date Filed: 2004-06-23

Citation: 892 So. 2d 497, 2004 Fla. App. LEXIS 8739, 2004 WL 1393535

Snippet: this issue. Efron also maintains that section 620.8405(2), Florida Statutes, of the Revised Uniform Partnership

Koros v. Doctors' Special Surgery Centr of Jacksonville, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1998-09-11

Citation: 717 So. 2d 137, 1998 Fla. App. LEXIS 11510

Snippet: independently of the partnership relationship.” § 620.8405(2), Fla. Stat. (1996 Supp.). In this subsection

Koros v. DOCTOR'S SPECIAL SURGERY CENTER

Court: District Court of Appeal of Florida | Date Filed: 1998-09-11

Citation: 717 So. 2d 137

Snippet: independently of the partnership relationship." § 620.8405(2), Fla. Stat. (1996 Supp.). In this subsection