Florida Statute 620.8307 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

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620.8307 Actions by and against partnership and partners.—

(1) A partnership may sue and be sued in the name of the partnership.

(2) An action may be brought against the partnership and, to the extent not inconsistent with s. 620.8306, any or all of the partners in the same action or in separate actions.

(3) A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner’s assets unless there is also a judgment against the partner.

(4) A judgment creditor of a partner may perfect a judgment lien but may not proceed against or otherwise levy or execute against the assets of the partner to satisfy a judgment arising from a partnership obligation or liability unless the partner is personally liable for the claim under s. 620.8306 and:

(a) A judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part;

(b) The partnership is a debtor in bankruptcy;

(d) A court grants permission to the judgment creditor to proceed against or otherwise levy or execute against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court’s equitable powers; or

(e) Liability is imposed on the partner by law or contract independent of the existence of the partnership.

(5) This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under s. 620.8308.

History.—s. 13, ch. 95-242; s. 10, ch. 99-285.

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Amendments to 620.8307

Annotations, Discussions, Cases:

Cases Citing Statute 620.8307

Total Results: 4 | Sort by: Relevance | Newest First

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Asociacion De Perjudicados v. Citibank, 770 So. 2d 1267 (Fla. 3d DCA 2000).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1701050

...A partnership (and therefore an unincorporated association) could sue or be sued only in the name of its members, not in the name of the partnership. The Florida legislature has since empowered partnerships to sue or be sued in their own name. ง 620.8307(1), Fla. Stat. (1995). The association asserts that section 620.8307(1) of the Revised Uniform Partnership Act (RUPA) should be extended to confer standing on unincorporated associations because the common law rule that unincorporated associations are to be treated like partnerships has not been abrogated by statute....

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Shephard v. Ouellete, 854 So. 2d 251 (Fla. 5th DCA 2003).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2003 WL 22103456

...REVERSED AND REMANDED. GRIFFIN and THOMPSON, JJ., concur. NOTES [1] Fla. R.App. P. 9.130(a)(3)(C)(ii). [2] Section 620.8201 of FRUPA specifically sets forth that "[a] partnership is an entity distinct from its partners." A partnership can sue and be sued. § 620.8307(1), Fla....

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In re Chauncey, 282 B.R. 34 (Bankr. M.D. Fla. 2002).

Published | United States Bankruptcy Court, M.D. Florida | 2002 Bankr. LEXIS 838, 90 A.F.T.R.2d (RIA) 5759, 2002 WL 1822867

...— The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation. (14) Taxpayer. — The term “taxpayer” means any person subject to any internal revenue tax. . Florida law contains a similar provision. Fla. Stat. § 620.8307 provides in pertinent part: Actions by and against partnership and partners 3) A judgment against a partnership is not by itself a judgment against a partner....

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Baker v. Petway, 740 So. 2d 1235 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 11565, 1999 WL 641434

...ded Complaint. Appellants maintain the trial court acted improperly in dismissing the limited partnerships, because jurisdiction of the partnerships was obtained through proper service on the general partner. In the alternative, appellants urge that section 620.8307, Florida Statutes, 1 should be applied retrospectively to permit their action against the partnerships; or, the general partner’s acceptance of service and voluntary appearance in the *1236 lawsuit constituted a waiver of any objections to suit against the partnerships....

...We agree. Accordingly, we reverse the portion of the appealed orders dismissing Jacksonville Jaguars, Ltd. from Counts Six, Seven, and Eleven of the amended complaint, and remand this cause for further proceedings. JOANOS, WOLF and PADOVANO, JJ., CONCUR. . Section 620.8307(1), Florida Statutes, provides: "A partnership may sue and be sued in the name of the partnership.” The effective date of the section was January 1, 1996....

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