Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

How does a partner bring an action against another partner?

When Miami residents suffer wrongdoing at the hands of another person, it is important to know how to hold that person responsible for the wrongdoing. This can be easier said than done when it comes to the legal system, as there are certain requirements that must be followed to start a lawsuit against the other person.

For example, last week this blog discussed a potential claim that can be asserted against a partner for breach of fiduciary duty. Under Florida law, general partners owe certain fiduciary duties to their partners, and liability can be imposed upon the person if he or she does not abide by these standards.

The statutes provide that a partner can bring a direct action against the partnership or another partner when the partner wishes to enforce and protect interests. This includes the rights the partner has under the statutes, like for a claim of breach of fiduciary duty, or the rights that may arise under the partnership agreement itself. To succeed in this kind of action, the partner has to allege, and ultimately prove, that he or she suffered some actual or threatened injury that is not just an injury suffered by the partnership.

There are also provisions in the law that allow for a partner to maintain what is known as a derivative action in order to enforce a right of the partnership. There are requirements that must be met before this type of action may be pursued, however, as the partner must first make a demand on the general partners requesting that they cause the partnership to bring the action, and the general partners fail to bring that action within a reasonable time.

Ultimately, these are just a few of the requirements that must be satisfied to bring a claim within the context of a partnership dispute. Individuals who have potential claims, whether in a partnership or other business relationship, need to understand the process in order to properly assert their claims and protect their rights.

Source: Florida State Legislature, "Chapter 620: Partnership Laws," accessed on March 12, 2016

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