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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.