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ATTACHE RESORT MOTEL, LTD. v. KAPLAN

Nos. 85-321, 85-322.

498 So.2d 501 (1986)

ATTACHE RESORT MOTEL, LTD., a California Limited Partnership, Harvey Cohen, Doreen Kates, As Personal Representative of the Estate of Howard M. Kates, Deceased, and Robert Sherman, Appellants, v. Leonard KAPLAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 23, 1986.

Attorney(s) appearing for the Case

Neil A. Shanzer, Miami, for appellant Attache Resort Motel, Ltd.

Weintraub & Rosen and Michael Rosen, Miami, for appellants Harvey Cohen, Doreen Kates and Robert Sherman.

Kaplan & Kusnick and Norman D. Kaplan, Sunrise, for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.

FERGUSON, Judge.

These appeals are brought by Attache Resort Motel, a limited partnership, and three of its general partners from a final judgment rendered in favor of defendant Kaplan on his counterclaim.

The substantive question is whether a limited partnership may bring and maintain an action in the fictitious name of the partnership and consent to a judgment on defendant's counterclaim without exposing the general...

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