620.8405

Actions by partnership and partners.

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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.
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1998–2023 · leading case: Larmoyeux v. Montgomery
Larmoyeux v. Montgomery (2007) fladistctapp · cites it 2× “" § 620.8405(2), Fla. Stat. (2001); see also Unif.”
Koros v. Doctors' Special Surgery Centr of Jacksonville, Ltd. (1998) fladistctapp · cites it 4× “” § 620.8405(2), Fla. Stat. (1996 Supp.). In this subsection, the legislature adopted in substance section 405(b) of the Revised Uniform Partnership Act (1994)(RUPA).”
Koros v. DOCTOR'S SPECIAL SURGERY CENTER (1998) fladistctapp · cites it 4× “" § 620.8405(2), Fla. Stat. (1996 Supp.). In this subsection, the legislature adopted in substance section 405(b) of the Revised Uniform Partnership Act (1994)(RUPA).”
VICKEN BEDOYAN v. HAROUT SAMRA (2022) fladistctapp · cites it 2× “Samra raised common law claims of breach of the partnership agreement and breach of fiduciary duty, an equitable claim for an accounting, and a statutory claim demanding a buyout of his partnership interest under the Revised Uniform Partnership Act of 1995 (“RUPA”), 1 section…”
Efron v. Milton (2004) fladistctapp · cites it 3× “Efron also maintains that section 620.8405(2), Florida Statutes, of the Revised Uniform Partnership Act (RUPA) allows him to pursue his legal claims against the defendants with or without an accounting to the partnership business and cites Horizon/CMS Healthcare Corp.”
Roche Freedman LLP v. Jason Cyrulnik (2023) nysd “Fla. Stat. § 620.8405 (2). Section 620.8403 is FRUPA’s accounting provision; Section 620.”
Roche Freedman LLP v. Jason Cyrulnik (2023) nysd “See Fla. Stat. § 620.8405 (2); see also Larmoyeux v.”
— 620.8405(2) — 4 cases
Larmoyeux v. Montgomery (2007) fladistctapp “" § 620.8405(2), Fla. Stat. (2001); see also Unif.”
Koros v. Doctors' Special Surgery Centr of Jacksonville, Ltd. (1998) fladistctapp “” § 620.8405(2), Fla. Stat. (1996 Supp.). In this subsection, the legislature adopted in substance section 405(b) of the Revised Uniform Partnership Act (1994)(RUPA).”
Koros v. DOCTOR'S SPECIAL SURGERY CENTER (1998) fladistctapp “" § 620.8405(2), Fla. Stat. (1996 Supp.). In this subsection, the legislature adopted in substance section 405(b) of the Revised Uniform Partnership Act (1994)(RUPA).”
Efron v. Milton (2004) fladistctapp “Efron also maintains that section 620.8405(2), Florida Statutes, of the Revised Uniform Partnership Act (RUPA) allows him to pursue his legal claims against the defendants with or without an accounting to the partnership business and cites Horizon/CMS Healthcare Corp.”
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