Sec. 152.211. REMEDIES OF PARTNERSHIP AND PARTNERS. (a) 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.
(b) A partner may maintain an action against the partnership or another partner for legal or equitable relief, including an accounting of partnership business, to:
(1) enforce a right under the partnership agreement;
(2) enforce a right under this chapter, including:
(A) the partner's rights under Sections 152.201-152.209, 152.212, and 152.213;
(B) the partner's right on withdrawal to have the partner's interest in the partnership redeemed under Subchapter H or to enforce any other right under Subchapters G and H; and
(C) the partner's rights under Subchapter I;
(3) enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship; or
(4) enforce a right under Chapter 11.
(c) The accrual of and a time limitation on a right of action for a remedy under this section is governed by other applicable law.
(d) A right to an accounting does not revive a claim barred by law.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Notes of Decisions
Hall v. Douglas, 380 S.W.3d 860 (Tex. App.—Dallas 2012).
“See Tex. Bus. Org.Code § 152.211; Asshauer, 263 S.”
Shore Chan Bragalone Depumpo LLP v. Greenwich Ins., 904 F. Supp. 2d 592 (N.D. Tex. 2012).
“See Tex. Bus. Orgs. Code § 152.211(a) (“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.”
Dennis W. Berry Marvin G. Berry Bay, Inc. Berry GP, Inc., D/B/A Berry Contracting & Berry Contracting, D/B/A Bay Ltd. v. Kenneth L. Berry, Individually & Kenneth L. Berry, in a Derivative Capacity for Skyeagle, Inc., No. 13-18-00215-CV (Tex. App.—Corpus Christi–Edinburg Dec. 5, 2019).
“and remedies in an action to enforce a covenant not to compete under common law or otherwise,” unequivocally dictates that irreparable injury is not a prerequisite for obtaining injunctive relief (citing TEX. BUS. ORGS. CODE ANN. § 152.211)) with Sonwalkar v.”
LMP Austin English Aire, LLC, Derivatively Through Lafayette English Partner, LLC, (Individually & Derivatively) Through Lafayette English Apts., LP v. Lafayette English Apts., LP (Nominal Defendant) Lafayette English GP, LLC HVC English, LLC HVC Lafayette, LLC Scott Schaeffer Austin Lafayette Landing Realty LLC & Austin CMA English Aire Realty LLC, 654 S.W.3d 265 (Tex. App.—Austin 2022).
“211(a)-(b) (allowing partner to maintain action for breach of partnership agreement or violation of duty to partnership and providing for enforcement of certain rights by “legal or equitable relief, including an accounting of partnership business”). Appellants also pleaded two…”
Tex. Bus. Orgs. Code § 152.211(a): 4 cases
Shore Chan Bragalone Depumpo LLP v. Greenwich Ins., 904 F. Supp. 2d 592 (N.D. Tex. 2012).
“See Tex. Bus. Orgs. Code § 152.211(a) (“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.”
LMP Austin English Aire, LLC, Derivatively Through Lafayette English Partner, LLC, (Individually & Derivatively) Through Lafayette English Apts., LP v. Lafayette English Apts., LP (Nominal Defendant) Lafayette English GP, LLC HVC English, LLC HVC Lafayette, LLC Scott Schaeffer Austin Lafayette Landing Realty LLC & Austin CMA English Aire Realty LLC, 654 S.W.3d 265 (Tex. App.—Austin 2022).
“211(a)-(b) (allowing partner to maintain action for breach of partnership agreement or violation of duty to partnership and providing for enforcement of certain rights by “legal or equitable relief, including an accounting of partnership business”). Appellants also pleaded two…”
Tex. Bus. Orgs. Code § 152.211(b): 1 case
Tex. Bus. Orgs. Code § 152.211(b)(2)(A): 1 case
Tex. Bus. Orgs. Code § 152.211(b)(d): 1 case
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