Uniform Partnership Act

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

• In re Groff v. Citizens Bank OF Clovis
  898 F.2d 1475· 10th Cir.· 1990-03-26 ·cited 2×
  The court held that the substantive law of partnerships applies to joint ventures, meaning individual creditors cannot attach joint venture property.
• Burnsed v. Fla. Farm Bureau Cas. Ins. Co.
  549 So. 2d 793· Fla. 5th DCA· 1989-10-05 ·cited 2×
  A partner of a named insured partnership is not a Class I insured entitled to stack uninsured motorist coverage if the partner is not listed as a named insured and was not injured in a covered vehicle.
• Brown v. Schade
  506 So. 2d 29· Fla. 3d DCA· 1987-04-14 ·cited 2×
  The court held that an agreement to develop land constitutes a joint venture governed by partnership law, not trust law, even if title is taken in a trustee's name.
• Atl. Mobile Homes, Inc. v. LeFEVER
  481 So. 2d 1002· Fla. 4th DCA· 1986-01-29 ·cited 2×
  The Fourth District Court of Appeal held that judgment creditors cannot attach and liquidate a judgment debtor corporation's interest in partnership property under Florida's corporate liquidation statute when the partnership itself is not made a party to the action. The court qua
• Calvey v. United States
  448 F.2d 177· 6th Cir.· 1971-09-15 ·cited 2×
  An innocent partner is liable for tax fraud penalties incurred by the partnership, even if unaware of the fraud, under Michigan partnership law.
• Charles Weingarten in Bankr. of D & B Produce, Inc. v. Universal C. I. T. Credit Corp.
  302 F.2d 1· 2d Cir.· 1962-05-04 ·cited 2×
  The court held that a conditional sales contract for a truck purchased by a partnership must be filed in the town clerk's office of the town where each partner resides to be valid against a trustee in bankruptcy.
• Bisno v. Hyde
  290 F.2d 560· 9th Cir.· 1961-04-04 ·cited 2×
  A partner who fails to plead limited partner status and comply with statutory requirements is considered a general partner, liable for partnership debts, including fraudulent conversion.
• In re Est. of Abraham Binkow
  120 So. 2d 15· Fla. 3d DCA· 1960-04-21 ·cited 2×
  A Florida widow claimed dower rights in her deceased husband's interests in two out-of-state partnerships that owned real estate. The court held that under the Uniform Partnership Act adopted in Michigan and Maryland, a partner's interest in partnership property is personal prope
• VAN Andel v. Theoren Charles Smith
  248 F.2d 915· 10th Cir.· 1957-10-23 ·cited 2×
  The court held that a partner induced into a partnership by fraud remains liable to third-party creditors for debts incurred during the partnership's existence, but the partnership's adjudication as bankrupt may be set aside if the petitioning creditors' debts do not meet statuto
• Moseley v. Moseley
  196 F.2d 663· 9th Cir.· 1952-05-07 ·cited 2×
  A retiring partner is entitled to an accounting of profits earned from the continued use of partnership assets after dissolution, and has the option to receive either interest on their share's value or those profits, unless the partnership agreement explicitly waives this right.
• Larmoyeux v. Montgomery
  963 So. 2d 813· Fla. 4th DCA· 2007-08-01
  In this partnership dissolution dispute, the Fourth District Court of Appeal affirmed an award of attorney's fees to Montgomery against Larmoyeux under the equitable doctrine established in A.J. Richey Corp. v. Garvey, holding that this common law exception survived Florida's ado
• IN & FOR NEW Castle Cnty. Howard B. Hillman
  Del. Ch.· 2006-08-23
  The Court of Chancery granted the defendants' motion to dismiss, holding that the former general partner, Howard B. Hillman, was not entitled to convert his interest into a limited partnership interest upon his removal under the terms of the Limited Partnership Agreement. Consequ
• Paneson v. Carlos A. Zubillaga, M.D.
  753 So. 2d 127· Fla. 2d DCA· 2000-01-05
  Partnership may be liable for a partner's intentional torts if committed within the ordinary course of business or with copartner's authority.
• Miller v. Gain Fin., Inc.
  995 F.2d 706· 7th Cir.· 1993-06-04
  The court held that the RICO claim was properly dismissed for failing to plead a pattern of racketeering with sufficient particularity, and that claims against KGR were properly dismissed as time-barred due to the termination of its agency relationship with Kirsch.
• Brown v. Pasternak
  619 So. 2d 992· Fla. 3d DCA· 1993-05-11
  The court held that the trial court erred in dismissing the partition action because the waiver of partition in the joint venture agreement was limited to the agreement's duration, and the death of a partner dissolved the partnership, triggering statutory requirements for winding
• Irwin Loft and Robert Stein v. Lapidus
  936 F.2d 633· 1st Cir.· 1991-06-26
  The court held that the parties formed a partnership and that the investors were entitled to a share of the settlement proceeds from a lawsuit concerning partnership property.
• 628 Harvard Assocs. v. Pensacola Warehouse, Ltd.
  483 So. 2d 132· Fla. 1st DCA· 1986-02-18
  The court held that Florida Statutes § 620.63 does not prohibit general partners from contractually limiting their liability in a lease agreement for breach of contract claims.
• Baker v. City OF Orlando
  427 So. 2d 1130· Fla. 5th DCA· 1983-03-16
  The court held that the Whittakers, as partners, had the authority to dissolve the partnership and settle claims with the City of Orlando, and that the Bakers' fraud claim lacked evidentiary support.
• Joseph Staszak (81-1476) & Richard Staszak (81-1462) v. Romanik
  690 F.2d 578· 6th Cir.· 1982-10-07
  A partner's breach of a partnership agreement, even if it causes dissolution, does not warrant forfeiture of their entire partnership interest; damages are the appropriate remedy. The court also found that the magistrate's factual finding regarding the scope of the partnership ag
• In re 2111 Associates-Chicago v. Bank OF Va. & Edward S. Hirschler
  580 F.2d 705· 4th Cir.· 1978-07-27
  A partnership can be adjudicated bankrupt as a distinct entity even if partners have withdrawn, provided the partnership affairs have not been fully wound up.
• Fieldstone v. Giller
  324 So. 2d 705· Fla. 3d DCA· 1975-12-23
  This case involves an appeal from a final judgment against a defendant in an action for conversion of joint venture assets, where the defendant also counterclaimed for services rendered.
• Delfin v. Harry Liss & Assocs., Inc.
  365 F.2d 74· 9th Cir.· 1966-08-25
  A partner can be held liable for debts incurred after dissolution if the transaction was appropriate for winding up partnership affairs or completing unfinished business.
• Ford v. The Lafayette Life Ins. Co.
  362 F.2d 970· D.C. Cir.· 1966-05-20
  The court held that the dissolution of a partnership by a partner's withdrawal terminates the partnership's agency agreement, absent assignment and consent.
• DAY v. Wilson
  286 F.2d 274· 10th Cir.· 1961-01-13
  The court held that the bill of sale was rescinded for failure of consideration, and upon the partner's death, the partnership property passed equally to the surviving partner and the deceased partner's estate, with specific allocations for contract performance and equipment use.
• Est. of Frank H. Knipp v. Commissioner OF Internal Revenue
  244 F.2d 436· 4th Cir.· 1957-04-10
  The court held that the partnership's fiscal year did not terminate upon the death of a partner, and the income was taxable to the partners at the end of the partnership's fiscal year, not at the time of death.
• City of Wheeling v. Chester
  134 F.2d 759· 3d Cir.· 1943-04-12
  The court held that the cross-plaintiffs were profit-sharing employees, not partners, and were entitled to an accounting for retained profits or bond proceeds.