SECTION 620.8307. Actions by and against partnership and partners.

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1(1) 2A partnership may sue and be sued in the name of the partnership.
15(2) 16An action may be brought against the partnership and, to the extent not inconsistent with s. 32620.8306, 33any or all of the partners in the same action or in separate actions.
47(3) 48A 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.
84(4) 85A 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. 134620.8306 135and:
136(a) 137A 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;
167(b) 168The partnership is a debtor in bankruptcy;
175(c) 176The partner has agreed that the creditor need not exhaust partnership assets;
188(d) 189A 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
252(e) 253Liability is imposed on the partner by law or contract independent of the existence of the partnership.
270(5) 271This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under s. 292620.8308293.

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

Bills Cite this Section:

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Cited by Court Cases:

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