Taylor Building Products v. Henefeld

District Court of Appeal of Florida

Taylor Building Products v. Henefeld

500 So. 2d 722, 12 Fla. L. Weekly 213, 1987 Fla. App. LEXIS 6297

CourtDistrict Court of Appeal of Florida

DecidedJanuary 7, 1987

DocketNo. 86-724

StatusPublished

This text of 500 So. 2d 722 (Taylor Building Products v. Henefeld) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Taylor Building Products v. Henefeld, 500 So. 2d 722, 12 Fla. L. Weekly 213, 1987 Fla. App. LEXIS 6297 (Fla. Ct. App. 1987).

Pincite

Opinion

CAMPBELL, Judge.

This appeal poses the question of whether a withdrawing partner remains liable to creditors who, having previously extended credit to the partnership and having no knowledge of the partner’s withdrawal, extend credit to the partnership after the partner has withdrawn. While the law of Florida appears to answer that question in the affirmative (section 620.73, Florida Statutes (1985)), so that the withdrawing partner continues to be liable, we do not find it necessary to reach that issue. However, assuming that to be the law, the creditor must have relied upon the existence of the partnership and the resulting obligation of the partners. § 620.-73(l)(b)(l). That is a factual determination which has been decided here adversely to appellants. The creditor did not so rely.

In fact, it is not clear from the record just what kind of business entity the creditor believed the "partnership” was. The precise factual situation presented to the trial judge in this case was whether credit was extended to a partnership, a corporation or whether the creditor knew or cared what kind of business entity it was doing business with. There is substantial evidence in the record to support the finding of the trial judge.

Affirmed.

RYDER, A.C.J., and HALL, J., concur.

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CAMPBELL, Judge.

This appeal poses the question of whether a withdrawing partner remains liable to creditors who, having previously extended credit to the partnership and having no knowledge of the partner’s withdrawal, extend credit to the partnership after the partner has withdrawn. While the law of Florida appears to answer that question in the affirmative (section 620.73, Florida Statutes (1985)), so that the withdrawing partner continues to be liable, we do not find it necessary to reach that issue. However, assuming that to be the law, the creditor must have relied upon the existence of the partnership and the resulting obligation of the partners. § 620.-73(l)(b)(l). That is a factual determination which has been decided here adversely to appellants. The creditor did not so rely.

In fact, it is not clear from the record just what kind of business entity the creditor believed the "partnership” was. The precise factual situation presented to the trial judge in this case was whether credit was extended to a partnership, a corporation or whether the creditor knew or cared what kind of business entity it was doing business with. There is substantial evidence in the record to support the finding of the trial judge.

Affirmed.

RYDER, A.C.J., and HALL, J., concur.

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Bluebook (online)

500 So. 2d 722, 12 Fla. L. Weekly 213, 1987 Fla. App. LEXIS 6297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-building-products-v-henefeld-fladistctapp-1987.