Cooper Plaza Ltd. v. Nidetch
Cooper Plaza Ltd. v. Nidetch
Opinion of the Court
Cooper Plaza, Ltd., a domestic limited partnership, seeks review of an order denying its motion to quash process and service' of process.
Plaintiff-appellees filed a complaint for breach of a partnership agreement against appellant Cooper Plaza, Ltd. and its general partners Leo Marks, Dorthy Marks and Un-isco First Project Corporation, N.V. Pursuant to Section 48.061(2), Florida Statutes (1975)
Clearly the return of service which purports to have served Zamorano as a general partner of Cooper Plaza, Ltd. is improper and, accordingly, the order of denial is reversed. Further, we remand the cause to the trial court to temporarily abate the action and grant appellees the right within a reasonable period of time to have the return of service corrected.
Reversed and remanded.
. “48.061 Service on partnerships
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“(2) Process against a domestic limited partnership shall be served on any general partner and is as valid as if served on each individual member thereof. After service on any general partner, plaintiff may proceed to judgment and execution against the limited partnership and all of the general partners individually. Service of process may be made under §§ 48.071 and 48.21 on limited partnerships.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.