MALIBU PARTNERS, LTD. v. SCHOOLEY

No. 78-1682.

372 So.2d 179 (1979)

MALIBU PARTNERS, LTD., et al., Appellants, v. Harry SCHOOLEY et al., Appellees.

District Court of Appeal of Florida, Second District.

June 15, 1979.


Attorney(s) appearing for the Case

Michael A. Gennaro of Pavese, Shields, Garner, Haverfield, Kluttz & Cottrell, Fort Myers, and Steven A. Schultz, Miami, for appellants.

Jim Smith, Atty. Gen., and Harold F.X. Purnell, Asst. Atty. Gen., Tallahassee, for appellee Harry L. Coe, Jr.

William A. Keyes, Jr. of Stewart, Stewart, Jackson & Keyes, Fort Myers, for appellees Harry Schooley and Dawson McDaniel.


DANAHY, Judge.

We hold that a partnership has the capacity to bring a suit without joinder of its partners for the purpose of contesting the ad valorem tax assessment of real property held of record in the partnership name. We reverse a summary judgment in this case based on a ruling by the trial judge to the contrary.

Appellant Malibu, a limited partnership and the record title holder of a piece of real property in Lee County, wished to contest the 1977 assessment...

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