CENTURY BANK OF LEE COUNTY, ETC., APPELLANT,
v.
THURMAN GILLESPY, JR., M. D., ET AL., APPELLEES
COWART, Judge.
We hold that, regardless of whatever attributes a joint venture may have which, for other purposes, distinguish it from a traditional partnership, if a “joint venture” in fact meets the definition of a statutory partnership as set out in section 620.585, Florida Statutes (1979), it is a partnership for the purpose of acquiring, holding and conveying title to real property in the name of the joint venture (partnership) as an entity separate from its members as provided in sections 620.595 and 620.605, Florida Statutes (1979).
The summary judgment holding that a judgment against one joint venturer alone did not constitute a lien against land held by the joint venture under a conveyance to it in the joint venture (partnership) name, is
AFFIRMED.
DAUKSCH, C. J., and SHARP, J., concur.
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Schiller v. Schiller, 625 So. 2d 856 (Fla. 5th DCA 1993)…at a creditor of an individual partner cannot levy directly on a partner’s interest in a partnership, nor on the partnership assets. Anderson v. Potential Enterprises, Ltd., 596 So. 2d 488 (Fla. 5th DCA 1992); Century Bank of Lee County v. Gillespy, 399 So. 2d 1109 (Fla. 5th DCA 1981); Myrick v. Second National Bank of Clearwater, 335 So. 2d 343 (Fla. 2d DCA 1976). See also Addis v. Addis, 288 Ark. 205, 703 S.W. 2d 852 (1986); Warren v. Warren, 12 Ark.App. 260, 675 S.W. 2d 371 (1984); Berry v. Berry, 635 P. 2d…
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Dobrow v. J.D. Bryant, Jr., 427 So. 2d 809 (Fla. 5th DCA 1983)…nstituting said action. . In re Estate of Hampton v. Fairchild-Florida Constr. Co., 341 So. 2d 759 (Fla.1976). . We agree with the trial court that Oscar has no basis to claim an interest in the land itself. Century Bank of Lee County v. Gillespy, 399 So. 2d 1109 (Fla. 5th DCA 1981); § 620.595, Fla.Stat. (1981). Therefore, Oscar had no basis to file a lis pendens against the partnership property.…
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Campbell v. A.B. Taff & Sons, Inc., 519 So. 2d 1039 (Fla. 1st DCA 1988)…, it was entitled to a sum equalling its share of the valuation of the improvements. Initially, we agree with appellant that the rights of the parties to the joint venture are governed by partnership law. See Century Bank of Lee County v. Gillespy, 399 So. 2d 1109 (Fla. 5th DCA 1981) (if a joint venture meets the statutory definition of a partnership, it is a partnership for the purpose of acquiring, holding, and conveying title to real property in the name of the joint venture). See also 8 Fla.Jur.2d Busines…
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