The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

View Entire Chapter

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.

F.S. 620.8405 on Google Scholar

F.S. 620.8405 on Casetext

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 from cite.case.law:

M. LARMOYEUX, Jr. n k a a v. M. MONTGOMERY, Jr. a n k a a n k a a, 963 So. 2d 813 (Fla. Dist. Ct. App. 2007)

. . . .” § 620.8405(2), Fla. Stat. (2001); see also Unif. . . .

LEFKOVITZ, v. WAGNER, Co., 395 F.3d 773 (7th Cir. 2005)

. . . . § 620.8404; see id., § 620.8405; Hallock v. . . .

EFRON, v. MILTON,, 892 So. 2d 497 (Fla. Dist. Ct. App. 2004)

. . . Efron also maintains that section 620.8405(2), Florida Statutes, of the Revised Uniform Partnership Act . . . First, Efron did not argue the applicability of section 620.8405(2) below but raises it now for the first . . .

KOROS, M. D. v. DOCTORS SPECIAL SURGERY CENTER OF JACKSONVILLE, LTD. d b a a HSI a J. HSI C. HSI J., 717 So. 2d 137 (Fla. Dist. Ct. App. 1998)

. . . .” § 620.8405(2), Fla. Stat. (1996 Supp.). . . . No party has argued the applicability of section 620.8405(2) to this action. . . . of dismissal, and not the 1996 amendment, applies to the instant action, we do not address section 620.8405 . . .