From Casetext: Smarter Legal Research

Century Bank of Lee Cty. v. Gillespy

District Court of Appeal of Florida, Fifth District
Jun 24, 1981
399 So. 2d 1109 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-932.

June 24, 1981.

Appeal from the Circuit Court, Volusia County, J. Robert Durden, J.

Robert L. Donald of Pavese, Shields, Garner, Haverfield, Kluttz Cottrell, Cape Coral, for appellant.

Alfred E. Hawkins of Hawkins Hawkins, Daytona Beach, for appellees.


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.


Summaries of

Century Bank of Lee Cty. v. Gillespy

District Court of Appeal of Florida, Fifth District
Jun 24, 1981
399 So. 2d 1109 (Fla. Dist. Ct. App. 1981)
Case details for

Century Bank of Lee Cty. v. Gillespy

Case Details

Full title:CENTURY BANK OF LEE COUNTY, ETC., APPELLANT, v. THURMAN GILLESPY, JR.…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 24, 1981

Citations

399 So. 2d 1109 (Fla. Dist. Ct. App. 1981)

Citing Cases

Xanadu of Cocoa Beach, Inc. v. Zetley

When a partnership holds legal title to realty, it does so as an entity separate and distinct from its…

Schiller v. Schiller

The part of the equitable distribution judgment being appealed in this case which concerns us, is the…