The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

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F.S. 620.8602

620.8602 Partner’s power to dissociate; wrongful dissociation.—

(1) A partner has the power to dissociate at any time, rightfully or wrongfully, by express will pursuant to s. 620.8601(1).

(2) A partner’s dissociation is wrongful only if:

(a) It is in breach of an express provision of the partnership agreement; or

(b) In the case of a partnership for a definite term or particular undertaking, before the expiration of the term or the completion of the undertaking:

1. The partner withdraws by express will, unless the withdrawal follows within 90 days after another partner’s dissociation by death or otherwise under s. 620.8601(6)-(10) or wrongful dissociation under this subsection;

2. The partner is expelled by judicial determination under s. 620.8601(5);

3. The partner is dissociated by becoming a debtor in bankruptcy; or

4. In the case of a partner who is not an individual, trust other than a business trust, or estate, the partner is expelled or otherwise dissociated because the partner willfully dissolved or terminated.

(3) A partner who wrongfully dissociates is liable to the partnership and to the other partners for damages caused by the dissociation. The liability is in addition to any other obligation of the partner to the partnership or to the other partners.

History.—s. 13, ch. 95-242.

F.S. 620.8602 on Google Scholar

F.S. 620.8602 on Casetext

Amendments to 620.8602

Arrestable Offenses / Crimes under Fla. Stat. 620.8602

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 620.8602.

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)

. . . .” §§ 620.8601, 620.8602, Fla. Stat. (2001). . . .

BERGMAN, P. A. v. DeIULIO, 826 So. 2d 500 (Fla. Dist. Ct. App. 2002)

. . . improve and utilize real property, and for wrongful disassociation from a partnership under section 620.8602 . . . alleged damages for the architect’s wrongful disassociation from the partnership, pursuant to section 620.8602 . . .

HORIZON CMS HEALTHCARE CORPORATION, v. SOUTHERN OAKS HEALTH CARE, INC., 732 So. 2d 1156 (Fla. Dist. Ct. App. 1999)

. . . Southern Oaks argues that pursuant to section 620.8602, Horizon had the power to disso-date from the . . . asserts that it is entitled to lost future profits under Florida’s partnership law, relying on subsection 620.8602 . . . See § 620.8602(3) (“A partner who wrongfully dissociates is liable to the partnership and to the other . . . Simply stated, under section 620.8602, only when a partner dissociates and the dissociation is wrongful . . . Section 620.8602, Florida Statutes (1997) provides: 620.8602. . . .