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The Florida Senate

2010 Florida Statutes

Title XXXVI BUSINESS ORGANIZATIONS
Chapter 620 PARTNERSHIP LAWS Entire Chapter
SECTION 8405
Actions by partnership and partners.
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.