CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2007 WL 2189079
...s to partnership business," to enforce a partner's rights under the partnership agreement or chapter 620, and to "otherwise protect the interests of such partner, including rights and interests arising independently of the partnership relationship." § 620.8405(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...g as to partnership business" to enforce a partner's rights under the partnership agreement, Chapter 620, and to "otherwise protect the interests of such partner, including rights and interests arising independently of the partnership relationship." § 620.8405(2), Fla....
...In addition to a formal account, the court may grant any other appropriate legal or equitable remedy. Unif. Partnership Act § 405, comm. 2, 6 U.L.A. 64 (1994). The final order of dismissal below was entered on November 2, 1995. No party has argued the applicability of section 620.8405(2) to this action. Further, because the law in effect at the time of dismissal, and not the 1996 amendment, applies to the instant action, we do not address section 620.8405(2) here....
CopyPublished | Florida 3rd District Court of Appeal
...Samra raised common law claims of breach of the partnership agreement
and breach of fiduciary duty, an equitable claim for an accounting, and a
statutory claim demanding a buyout of his partnership interest under the
Revised Uniform Partnership Act of 1995 (“RUPA”), 1 section 620.8405,
1
As explained in Larmoyeux v....
... Florida Statutes (2022). 2 Bedoyan denied the partnership’s existence,
claimed that Samra was merely an employee, and counterclaimed for
associated in the carrying on of the business.” Unif. P'Ship Act
§ 601, cmt. 1 (1997).
2
Section 620.8405 , Florida Statutes, provides:
(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 partn...
...the
partnership agreement, requiring valuation of the partnership’s two assets,
WPM Bolivia and WPM Miami, and 2) whether Samra dissociated from the
partnership under RUPA and is entitled to a buyout of his partnership
interest under sections
620.8405(2)(b)(2) and
620.8701, Florida Statutes....
...3d DCA
2000) (“A plaintiff . . . may not recover damages for fraud that duplicate
damages awarded for breach of contract.”).
Finally, we determine that the trial court did not err by denying
Samra’s statutory buyout claim against Bedoyan pursuant to sections
620.8405(2)(b)2....
...against Bedoyan personally. RUPA required Samra, upon dissociation, to
bring a buyout claim against the partnership, not against Bedoyan
personally. §
620.8701(9), Fla. Stat. (2020) (“A dissociated partner may
maintain an action against the partnership, pursuant to s.
620.8405(2)(b)
2., to determine the buyout price of that partner's interest, any offsets under
subsection (3), or other terms of the obligation to purchase.”) (emphasis
added)....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 8739, 2004 WL 1393535
...3d DCA 1998); Miller v. Taplin,
692 So.2d 932 (Fla. 3d DCA 1997); Dahlawi v. Ramlawi,
644 So.2d 523, 524 (Fla. 3d DCA 1994). As such, the trial court was eminently correct in abating the actions at law, and we affirm on this issue. Efron also maintains that section
620.8405(2), Florida Statutes, of the Revised Uniform Partnership Act (RUPA) allows him to pursue his legal claims against the defendants with or without an accounting to the partnership business and cites Horizon/CMS Healthcare Corp. v. Southern Oaks Health Care, Inc.,
732 So.2d 1156, 1159, n. 4 (Fla. 5th DCA 1999), in support of his position. We believe his argument is misplaced. First, Efron did not argue the applicability of section
620.8405(2) below but raises it now for the first time on appeal....
