620.8405 Actions by partnership and partners. - Florida Statutes

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.