Florida Statute 620.8801 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

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F.S. 620.8801

620.8801 Events causing dissolution and winding up of partnership business.—A partnership is dissolved, and its business must be wound up, only upon the occurrence of any of the following events:

(1) In a partnership at will, the partnership’s having notice from a partner, other than a partner who is dissociated under s. 620.8601(2)-(10), of such partner’s express will to withdraw as a partner, or withdraw on a later date specified by the partner;

(2) In a partnership for a definite term or particular undertaking:

(a) Within 90 days after a partner’s dissociation by death or otherwise under s. 620.8601(6)-(10) or wrongful dissociation under s. 620.8602(2), the express will of at least half of the remaining partners to wind up the partnership business, for which purpose a partner’s rightful dissociation pursuant to s. 620.8602(2)(b)1. constitutes the expression of that partner’s will to wind up the partnership business;

(b) The express will of all of the partners to wind up the partnership’s business; or

(3) An event agreed to in the partnership agreement resulting in the winding up of the partnership business;

(4) An event which makes it unlawful for all or substantially all of the business of the partnership to be continued, provided, a cure of the illegality, within 90 days after notice to the partnership of the event, is effective retroactively to the date of the event for purposes of this section;

(5) On application by a partner, a judicial determination that:

(a) The economic purpose of the partnership is likely to be unreasonably frustrated;

(b) Another partner has engaged in conduct relating to the partnership business which makes it not reasonably practicable to carry on the business in partnership with such partner; or

(c) It is not otherwise reasonably practicable to carry on the partnership business in conformity with the partnership agreement; or

(6) On application by a transferee of a partner’s transferable interest, a judicial determination that it is equitable to wind up the partnership business:

(a) After the expiration of the term or completion of the undertaking, if the partnership was for a definite term or particular undertaking at the time of the transfer or entry of the charging order that gave rise to the transfer; or

(b) At any time, if the partnership was a partnership at will at the time of the transfer or entry of the charging order that gave rise to the transfer.

History.—s. 13, ch. 95-242; s. 15, ch. 99-285.

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Amendments to 620.8801

Arrestable Offenses / Crimes under Fla. Stat. 620.8801

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 620.8801.

Annotations, Discussions, Cases:

Cases Citing Statute 620.8801

Total Results: 8

VICKEN BEDOYAN v. HAROUT SAMRA

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

Snippet: under s. 620.8801 or enforce any other right under ss. 620.8801- 620.8807;

Fernandez v. Basil Yates, M.D., P.A.

Court: District Court of Appeal of Florida | Date Filed: 2014-06-18

Citation: 145 So. 3d 141, 2014 WL 2756526, 2014 Fla. App. LEXIS 9225

Snippet: partnership for more than four years. Section 620.8801(5)(b) authorizes the Court to dissolve a partnership

Acoustic Innovations, Inc. v. Schafer

Court: District Court of Appeal of Florida | Date Filed: 2008-02-20

Citation: 976 So. 2d 1139, 2008 WL 441631

Snippet: Accounting and Dissolution of Acoustic, pursuant to § 620.8801, et. seq., Florida Statutes. Count III: Common

Larmoyeux v. Montgomery

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

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

Snippet: business or professional entity. See §§ 620.8601, 620.8801, Fla. Stat. (2001). Instead, the partnership continues

Shephard v. Ouellete

Court: District Court of Appeal of Florida | Date Filed: 2003-09-12

Citation: 854 So. 2d 251, 2003 WL 22103456

Snippet: dissolution and "winding down" of the partnership. §§ 620.8801-620.8807, Fla. Stat. (2001). The court also ordered

Rafael J. Roca v. Lytal & Reiter, Clark

Court: District Court of Appeal of Florida | Date Filed: 2003-07-09

Citation: 856 So. 2d 1, 2003 WL 21537070

Snippet: provisions for dissolution and winding up, see §§ 620.8801-.8807, Fla. Stat. In sum, we find that none of

Corporate Exp. Office Products, Inc. v. Phillips

Court: Supreme Court of Florida | Date Filed: 2003-04-17

Citation: 847 So. 2d 406, 28 Fla. L. Weekly Supp. 321, 19 I.E.R. Cas. (BNA) 1505, 2003 Fla. LEXIS 521, 2003 WL 1883697

Snippet: of law and a new partnership is formed. See § 620.8801(1), Fla. Stat. (2002) (stating *411 that the dissolution

horizon/cms Healthcare v. Southern Oaks

Court: District Court of Appeal of Florida | Date Filed: 1999-04-16

Citation: 732 So. 2d 1156, 1999 WL 218410

Snippet: dissolutions as rightful or wrongful. Section 620.8801, "Events causing dissolution and winding up of