CHASE LINCOLN FIRST BANK, N.A. F/K/A LINCOLN FIRST BANK, N.A., APPELLANT,
v.
BORINQUEN, LTD., APPELLEE

Fla. 3d DCA | 1986-09-23
No. 86-105
Before BARKDULL, BASKIN and FERGUSON, JJ.
494 So. 2d 295 Florida District Court of Appeal, Third District (1986) Negative Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Section 620.30, Florida Statutes (1985)1 clearly provides that a limited partnership may be named as a party to a proceeding and that service shall be accomplished upon its general partner. This does not prevent the general partner from also being named as party to a cause. We therefore reverse the order under review dismissing Borin-quen, Ltd., as a party defendant in the trial court.

Reversed.

. § 620.30 Service of process on limited partnerships. — When any original process is sued out against a limited partnership, the service of said process on any general partner in the limited partnership shall be as valid as if served on each individual member thereof; and the plaintiff may, after service upon any one member as aforesaid, proceed to judgment and execution against the limited partnership and the general partners individually. Service of process as provided by s. 48.181, shall apply to limited partnerships organized under this part.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Quayside Assocs., Ltd. v. Triefler, 506 So. 2d 6 (Fla. 3d DCA 1987)
    …xpress contract it could have, and obviously did, consider the failed express contract as evidence of the value of the services performed. On the authority of section 620.30, Florida Statutes (1985), and Chase Lincoln First Bank v. Borinquen, Ltd., 494 So. 2d 295 (Fla. 3d DCA 1986), we also reject Quayside’s contention, as a separate issue, that all the general partners are indispensable parties to an action against a limited partnership. The cross-appeal must be affirmed. A directed verdict on the fraud cl…
  • Levinson v. Brosche, 578 So. 2d 477 (Fla. 4th DCA 1991)
    …. See Odell v. Signer, 169 So. 2d 851 (Fla. 3d DCA 1964), cert. denied, 176 So. 2d 94 (Fla.1965); and Horace v. American National Bank & Trust Co. of Ft. Lauderdale, 251 So. 2d 33 (Fla. 4th DCA 1971). In Chase Lincoln First Bank v. Borinquen, Ltd., 494 So. 2d 295 (Fla. 3d DCA 1986), the court held that naming the limited partners did not prevent naming a general partner as a party: Section 620.30, Florida Statutes (1985) clearly provides that a limited partnership may be named as a party to a proceeding and…
  • Baker v. Petway, 740 So. 2d 1235 (Fla. 1st DCA 1999)
    …ship and obtains service on a partner as provided in section 48.061(2), Florida Statutes (1985), would not be barred from enforcing a judgment against partnership assets.” 517 So. 2d at 776. See also Chase Lincoln First Bank, N.A v. Borinquen, Ltd., 494 So. 2d 295 (Fla. 3d DCA 1986) (Court reversed dismissal of Borinquen, Ltd. as party defendant, because section 620.302 “clearly provides that a limited partnership may be named as a party to a proceeding and that service shall be accomplished upon its general…

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