Breach Of Partnership Agreement

56 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Gross v. Franklin
  387 So. 2d 1046· Fla. 3d DCA· 1980-09-16 ·cited 69×
  Gross sued Franklin for breach of partnership agreement in Dade County. Franklin moved to dismiss without raising improper venue, then later moved to transfer to Palm Beach County. The court affirmed the transfer, holding that Franklin's motion to transfer was timely because it w
• Lipsig v. Zahid A. Ramlawi
  760 So. 2d 170· Fla. 3d DCA· 2000-03-29 ·cited 68×
  In this partnership dispute, a jury found that Zahid Ramlawi and the Dahlawi family (Amin, Hassan, and Diana) had formed an oral partnership encompassing five companies, and that the Dahlawis breached the partnership agreement and defamed Ramlawi. The appellate court affirmed the
• In re Stanton v. Stanton
  766 F.2d 1283· 9th Cir.· 1985-07-18 ·cited 49×
  The court held that it lacks jurisdiction to hear an appeal from a Bankruptcy Appellate Panel's decision when that decision remands the case to the bankruptcy court for further factual findings on a central issue.
• Akey v. Murphy
  238 So. 2d 94· Fla.· 1970-07-13 ·cited 36×
  The Florida Supreme Court held that a restrictive covenant in a partnership agreement for medical professionals, limiting practice within a certain area and time after dissolution, is enforceable under a statute that applies to both "businesses" and "professions." The court also
• Havner H. Parish, Jr. v. Howard
  459 F.2d 616· 8th Cir.· 1972-05-09 ·cited 34×
  The court held that the trial court correctly granted summary judgment because the partnership agreement's termination provisions were unambiguous and the plaintiff failed to demonstrate a genuine issue of material fact or prejudice from discovery or oral argument rulings.
• Cooper v. Fulton
  158 So. 2d 759· Fla. 3d DCA· 1963-10-22 ·cited 26×
  In this partnership dissolution and accounting case, the Florida District Court of Appeal affirmed the finding of a partnership between Fulton and the Coopers but reduced the judgment amount because Fulton took 40% of the partnership business with him when he left, and reduced th
• Mike Smith Pontiac GMC, Inc. v. Smith
  486 So. 2d 89· Fla. 5th DCA· 1986-04-10 ·cited 23×
  A minority stockholder and employee is not entitled to an injunction to reinstate or maintain their former position as a corporate manager.
• Chilton Thorington and Harmon Wages v. Cash
  494 F.2d 582· 5th Cir.· 1974-05-20 ·cited 20×
  The court held that sending material misrepresentations into Georgia, upon which the plaintiff relied, constituted a "tortious act within" the state under the Georgia long-arm statute, satisfying due process requirements for personal jurisdiction.
• Peardon v. Chapman
  169 F.2d 909· 3d Cir.· 1948-09-02 ·cited 18×
  The dismissal of the plaintiff's complaint with prejudice for lack of prosecution was unwarranted and is reversed.
• Chaikin v. Parker Waichman LLP
  253 So. 3d 640· Fla. 2d DCA· 2017-10-11 ·cited 12×
  Jordan Chaikin appealed a trial court order compelling arbitration of his counterclaims against his former law firm, Parker Waichman LLP. The Florida District Court of Appeal, Second District reversed, holding that Parker Waichman waived its right to arbitration by initiating lit
• Anthony Distribs., Inc. v. Miller Brewing Co.
  882 F. Supp. 1024· M.D. Fla.· 1995-04-04 ·cited 11×
  The court held that a manufacturer's actions to protect its natural monopoly do not violate antitrust laws, but a distributor's claims for tortious interference, breach of good faith, civil theft, defamation, and RICO may proceed, while claims for breach of partnership, fiduciary
• Froemming v. Gate City Fed. Sav. & Loan Ass'n
  822 F.2d 723· 8th Cir.· 1987-06-09 ·cited 8×
  The court held that the district court erred in directing verdicts on breach of partnership agreement and breach of fiduciary duty claims, as these presented jury questions. However, the directed verdict on the alter ego issue was affirmed.
• Bryant v. Stevens
  313 So. 2d 124· Fla. 2d DCA· 1975-05-23 ·cited 8×
  Bryant appeals the dismissal of his complaint alleging an oral partnership with Stevens for buying and selling real estate, where Stevens held title to properties on Bryant's behalf. The court reversed the dismissal, holding that Bryant should have been allowed to amend his compl
• Cavalier v. Ignas
  275 So. 2d 293· Fla. 3d DCA· 1973-03-20 ·cited 8×
  Ignas sued his general partner Cavalier to dissolve their limited partnership for an apartment building, claiming Cavalier failed to contribute his share and improperly encumbered the property without consent. The trial court declared the partnership null and void, awarded Ignas
• Schaefer v. Gunzburg
  246 F.2d 11· 9th Cir.· 1957-04-26 ·cited 8×
  The court held that the plaintiff's complaint, despite a jury demand, was fundamentally equitable in nature, and thus the trial court correctly denied a jury trial on the issues presented.
• Alvord v. Little
  16 Fla. 158· Fla.· 1877-06-01 ·cited 8×
  This case addresses whether the Florida Legislature could retroactively extend the deadline for perfecting an appeal after the statutory period had expired, and whether a former partner could recover expenses and compensation from a subsequently formed partnership. The court held
• MacKENDREE & Co., P.A. v. Pedro Gallinar & Assocs., P.A.
  979 So. 2d 973· Fla. 3d DCA· 2008-02-06 ·cited 7×
  MacKendree & Co. and Ronald MacKendree appealed a summary judgment favoring Pedro Gallinar & Associates in a dispute over the sale of an accounting practice. The appellate court reversed, holding that Ronald MacKendree could not be held personally liable on corporate agreements,
• Boyce v. M.F. Hort
  666 So. 2d 972· Fla. 5th DCA· 1996-01-12 ·cited 6×
  The trial court erred in denying a motion to transfer a partnership dispute to the non-jury docket because such actions are equitable in nature and do not carry a right to a jury trial.
• Allright Mo., Inc. v. Billeter
  829 F.2d 631· 8th Cir.· 1987-09-16 ·cited 6×
  The court held that limited partners have the capacity to bring derivative suits under Missouri law and that Allright adequately complied with federal procedural rules for such suits. However, the court affirmed the dismissal of the RICO claim for failure to allege a pattern of r
• Diamond v. The John Martin Co.
  753 F.2d 1465· 9th Cir.· 1985-02-19 ·cited 6×
  The court held that the post-judgment motion for attorneys' fees was timely filed and that the award of fees, though small, was not an abuse of discretion.
• Am. Pac. Dairy Prods., Inc. v. Siciliano
  235 F.2d 74· 9th Cir.· 1956-06-20 ·cited 6×
  The court held that the district court erred in calculating partnership profits and in failing to order an accounting for post-dissolution profits, but correctly denied jury trials and venue changes. The court also found certain charges in the open book account claim unsupported.
• Galatis v. Plasman
  80 So. 2d 918· Fla.· 1954-02-16 ·cited 6×
• Vicken Bedoyan v. Harout Samra
  352 So. 3d 361· Fla. 3d DCA· 2022-09-30 ·cited 5×
  This case involves a dispute between former business partners over an alleged oral partnership agreement. The appellate court affirmed the trial court's judgment, upholding the jury's finding of a partnership and breach of agreement, while also affirming directed verdicts against
• Gioria Y. Singer v. Unibilt Dev. Co.
  43 So. 3d 784· Fla. 5th DCA· 2010-08-06 ·cited 5×
  Singer appealed the dismissal of his breach of contract claims against Michigan corporations that had developed properties in Florida. The court reversed in part, holding that while a contractual venue clause required Singer's shareholder claim against Unibilt to be litigated in
• Buchman v. Canard
  926 So. 2d 390· Fla. 3d DCA· 2005-12-14 ·cited 5×
  A partner cannot claim a homestead exemption on partnership property, and a trial court properly denied homestead protection to property that had been adjudicated as a partnership asset in a prior appeal that became the law of the case. Partnership property is owned by the partne
• Falcone v. Edie Laquer
  132 So. 3d 1171· Fla. 3d DCA· 2014-01-08 ·cited 4×
  Developers Arthur Falcone and Marc Roberts appealed the trial court's denial of their motion to compel arbitration of claims in the Joint Venture Lawsuit brought by Edie Laquer regarding the Miami WorldCenter real estate development project. The court affirmed the denial, holding
• Cheek v. Sherwood L. Bugg
  639 So. 2d 144· Fla. 5th DCA· 1994-07-01 ·cited 4×
  The Cheeks appeal a trial court judgment requiring them to pay for a court-ordered appraisal of partnership assets and awarding Bugg costs and attorney's fees in a partnership dispute. The appellate court reversed the award of attorney's fees and costs to Bugg but affirmed the re
• Thomas v. Price
  975 F.2d 231· 5th Cir.· 1992-10-21 ·cited 4×
  The court held that a procedurally adequate foreclosure sale under UCC § 9.504 transfers all of the debtor's rights in the collateral, cutting off the debtor's ability to assert claims for post-default losses, even if the purchaser's good faith is questionable, provided the sale
• President Myers v. Brown
  296 So. 2d 121· Fla. 1st DCA· 1974-06-11 ·cited 4×
  No partnership existed because the written agreement stated the parties were independent operators using a common name and dispatcher service but not sharing profits or assuming liability for each other, which fails to satisfy the Uniform Partnership Act definition of co-ownershi
• Boylan v. Detrio
  187 F.2d 28· 5th Cir.· 1951-02-13 ·cited 4×
  The court held that the partnership termination date was July 31, 1945, not December 31, 1945, and reduced the awarded damages based on the evidence.
• Knapp v. First Nat. Bank & Tr. Co. of Okla. City
  154 F.2d 395· 10th Cir.· 1946-03-26 ·cited 4×
  A court of equity has jurisdiction to rescind a partnership agreement induced by fraud, and the rights of third parties who received funds in good faith for a preexisting debt should not be resolved solely on the pleadings.
• Francine S. Schiller v. Miller
  621 So. 2d 481· Fla. 4th DCA· 1993-05-26 ·cited 3×
  This case involves an appeal of a temporary restraining order enjoining the appellant from disposing of four pieces of jewelry and limiting the appellee's bond. The appellate court affirmed the order, finding the jewelry to be unique and the appellee to have no adequate remedy at
• Soghanalian v. Soghanalian
  693 F. Supp. 1091· S.D. Fla.· 1988-06-27 ·cited 2×
  The court held that diversity jurisdiction exists because the defendant's domicile is in New York, and even if he holds dual citizenship, his Lebanese citizenship would not be recognized for diversity purposes. The court also found the counter-counterclaim to be compulsory.
• Muth v. Aetna Oil Co.
  188 F.2d 844· 7th Cir.· 1951-05-08 ·cited 2×
  The court held that the plaintiff failed to commence drilling operations within the lease's primary term, rendering the lease void, and that no conspiracy prevented performance.
• Lorbach v. Eckis
  157 Fla. 78· Fla.· 1946-02-15 ·cited 2×
  The Florida Supreme Court affirmed a lower court's decision dismissing a complaint seeking an accounting and declaration of a partnership. The court found the record supported the lower court's conclusion that the plaintiff failed to prove the existence of a partnership.
• Fuller v. Pierce
  92 Fla. 129· Fla.· 1926-07-05 ·cited 2×
  In this partnership dispute, the Florida Supreme Court affirmed most of the trial court's decree enforcing the partnership agreement between Fuller and Pierce regarding their property interests, but reversed the portion that would have compelled Fuller to convey the northern port
• Pescatore v. Fernandez
  409 So. 3d 657· Fla. 4th DCA· 2025-02-26 ·cited 1×
  A general objection based on "predicate" and "hearsay" without identifying specific defects in the business records exception is insufficient to preserve an evidentiary issue for appellate review. The trial court did not abuse its discretion in admitting the spreadsheet where the
• AHG TAX Credit Fund Xviii, LLC v. Blitchton Station, Ltd.
  200 So. 3d 117· Fla. 5th DCA· 2016-03-24 ·cited 1×
  Investor Partners in low-income housing partnerships appealed the trial court's denial of their motion to transfer venue from Marion County to Alachua County under Florida Statute § 47.122. The court affirmed, holding that the trial court did not abuse its discretion in denying t
• Lewis v. Seneff
  654 F. Supp. 2d 1349· M.D. Fla.· 2009-08-19 ·cited 1×
  The court held that a prior Texas state court dismissal for lack of standing, even if 'without prejudice,' has issue-preclusive effect on the same standing issue in federal court.
• Umbel v. FOODTRADER.COM, Inc.
  820 So. 2d 372· Fla. 3d DCA· 2002-05-15 ·cited 1×
  Clayton Umbel appeals a summary judgment dismissing his claims for breach of contract and breach of partnership agreement against his former partners and their company. The court affirmed, finding that the partnership agreement was created for an illegal purpose—soliciting invest
• Williams v. Goldsmith
  619 So. 2d 330· Fla. 3d DCA· 1993-05-11 ·cited 1×
  The court held that venue was improper in Dade County because all causes of action accrued in Brevard County, where the defendant resides.
• Maasen v. Lucier
  961 F.2d 717· 8th Cir.· 1992-04-07 ·cited 1×
  The court held that the district court did not err in finding no enforceable oral agreement for Maasen to receive a fifty percent ownership interest in LCI, either as a partner or through stock purchase.
• Bandera Master Fund LP
  Del.· 2026-01-20
  The Delaware Supreme Court clarified its prior affirmance of a dismissal of an unjust-enrichment claim, holding that while it affirmed dismissal of the claim insofar as it was based on misleading disclosures, it did not address the separate unjust-enrichment theory based on the w
• Creative Choice Homes XXX, LLC v. Amtax Holdings 690, LLC
  M.D. Fla.· 2022-04-05
  Limited partners of two affordable housing apartment complexes in Tampa sought to remove the general partners for breaching the partnership agreements by making unauthorized affiliate loans, diverting partnership funds for non-partnership purposes, improperly distributing cash fl
• Bandera Master Fund LP
  Del. Ch.· 2021-11-12
  The General Partner breached the Partnership Agreement by exercising the Call Right without satisfying the Opinion Condition and the Acceptability Condition. The Opinion Condition was not met because the legal opinion was contrived and not rendered in good faith, relying on count
• Arnold v. Arnold Fam. Ltd. P'ship
  Fla. 2d DCA· 2021-08-18
  The appellate court reversed a lower court's decision to strike an amended complaint and dismiss an initial complaint. The court held that the plaintiff had an absolute right to amend the complaint once as a matter of course before a responsive pleading was served, and a motion t
• Creative Choice Homes Xxxi, LLC v. MG Affordable Master, LLC
  M.D. Fla.· 2021-06-22
  The court held that it lacked jurisdiction to compel a non-party to comply with a subpoena when the required place of compliance was in a different federal district.
• Creative Choice Homes XXX, LLC v. Amtax Holdings 690, LLC
  M.D. Fla.· 2021-06-22
  The court denied the motion to compel because the subpoena required compliance in a different federal district, and thus this court lacked jurisdiction to enforce it.
• Runway Farms, LLC v. Oakes Farms, Inc.
  M.D. Fla.· 2021-06-03
  The court held that Oakes adequately alleged the existence of a partnership, thus denying Runway's motion to dismiss the partnership-related counterclaims.
• Parker Waichman v. Chaikin
  Fla. 2d DCA· 2021-03-19
  The appellate court reversed a lower court's decision that established personal jurisdiction over a New York law firm based on an agency relationship with its Florida affiliate. The court found insufficient evidence of agency and therefore reversed the order denying the Florida f