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RAFKIND v. SIMON

No. 80-2028.

402 So.2d 22 (1981)

William RAFKIND, Robert Macht and Lee Lebow, Appellants, v. Sue Ann SIMON, As Personal Representative of the Estate of George A. Simon, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 4, 1981.

Attorney(s) appearing for the Case

Tobin, Bayer & Jacobson and Theodore R. Bayer, Miami, for appellants.

Herbert A. Warren, Miami, for appellee.

Before HUBBART, C.J., and BARKDULL and NESBITT, JJ.

NESBITT, Judge.

This appeal presents the question of whether a partner may assign his interest in a partnership without obtaining consent of the remaining partners where the joint venture agreement1 prohibits such an assignment without consent. We find that he may not and affirm the declaratory judgment entered on the appellee's permissive counterclaim.2

In this case, the appellee's decedent misappropriated...

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