CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2002 WL 31114679
...wife. The accountant alleged two affirmative defenses: estoppel and a failure of consideration. He also counterclaimed for breach of an oral contract to improve and *503 utilize real property, and for wrongful disassociation from a partnership under section 620.8602(2)(b), Florida Statutes (2001)....
...t the accountant's claim for breach of contract fail. If there was no enforceable agreement, there could be no breach. The accountant's second counterclaim alleged damages for the architect's wrongful disassociation from the partnership, pursuant to section 620.8602(2)(b), Florida Statutes (2001)....
CopyPublished | Florida 5th District Court of Appeal | 1999 WL 218410
...Because there was no contract basis for dissolution, Horizon's assertion of dissolution was wrongful, Southern Oaks concludes. Southern Oaks contends further that not only were there no contractual grounds for dissolution, dissolution was also wrongful under the Florida Statutes. Southern Oaks argues that pursuant to section 620.8602, [3] Horizon had the power to dissociate *1159 from the partnership, but, in the absence of contract grounds for the dissociation, Horizon wrongfully dissociated. It asserts that it is entitled to lost future profits under Florida's partnership law, [4] relying on subsection 620.8602(3), Florida Statutes....
...lution. Second, even assuming the partnership was dissolved for a reason not provided for in the partnership agreements, damages were properly denied. Under RUPA, it is clear that wrongful dissociation triggers liability for lost future profits. See § 620.8602(3) ("A partner who wrongfully dissociates is liable to the partnership and to the other partners for damages caused by the dissociation....
...[6] It follows that the *1161 pre-RUPA cases providing for future damages upon wrongful dissolution are no longer applicable to a partnership dissolution. In other words a "wrongful dissolution" referred to in the pre-RUPA case law is now, under RUPA, known as "wrongful dissociation." Simply stated, under section 620.8602, only when a partner dissociates and the dissociation is wrongful can the remaining partners sue for damages....
...It continues, "If the Non-Defaulter does not elect to acquire the Partnership Interest of the Defaulter or is precluded from doing so, the Partnership shall be dissolved and terminated pursuant to Section 7.4 of this Agreement by written notice to the Defaulter." [3] Section 620.8602, Florida Statutes (1997) provides: 620.8602....
