Florida/Georgia Personal Injury & Workers Compensation

...Regarding the general duties and obligations of joint adventurers toward each other, they, like co-partners owe to one another, as long as the relationship continues, the duty of the finest and highest loyalty. See Donahue v. Davis, 68 So.2d 163, 171 (Fla.1953). According to section 620.8404(2), Florida Statutes (2000), a partner's duty of loyalty to the partnership and the other parties includes, without limitation the following: (a) To account for the partnership and hold as trustee for the partnership any property, profit, or benefit derived by the partner in the conduct ......

...om competing with the partnership in the conduct of the partnership *463 business before the dissolution of the partnership. In light of this, we agree with Hallock that as a matter of law, Holiday Isle had a fiduciary duty to Hallock. Specifically, section 620.8404(2)(c) prevented the partners in this joint venture from competing against each other....

...Thus, we find that, at the very least, there is a genuine issue of material fact as to what the scope of the duties under the joint venture agreement was and whether, in fact, Holiday Isle breached its fiduciary duty by moving employees and equipment. In sum, we find that Holiday Isle owed a fiduciary duty to Hallock under section 620.8404(2), Florida Statutes (2000)....

...Secondary Holdings, Inc., 832 So.2d 893 (Fla. 3rd DCA 2002) (citing Russell v. Thielen, 82 So.2d 143, 145 (Fla.1955)). Under the Revised Uniform Partnership Act, as adopted in Florida, a partner in a partnership owes fiduciary duties of loyalty and care. Fla. Stat. § 620.8404(1)....

...The separate duty of care is not defined in the statute. A partner shall discharge the duties to the partnership and the other partners under this act or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing. Fla. Stat. § 620.8404(4)....

...By August 18, 1998, it was clear that Wally Schickedanz had decided to end our relationship. Lundstrom's cause of action in count II of the second amended complaint sounds in breach of fiduciary duty stemming from an alleged partnership relationship. See § 620.8404, Fla....

...[3] This contravenes Florida law, which provides that a partner may not divert partnership assets for non-partnership purposes. See Hallock v. Holiday Isle Resort & Marina, Inc., 885 So.2d 459, 462-63 (Fla. 3d DCA 2004) (citing Revised Uniform Partnership Act, Fla. Stat. § 620.8404)....