Florida District Courts of Appeal, 1981

CENTURY BANK OF LEE CTY. v. Gillespy

Florida District Courts of Appeal · Decided June 24, 1981 · No. 80-932 · Cowart

399 So. 2d 1109; 1981 Fla. App. LEXIS 20368 (Southern Reporter, Second Series)

Cases that cite this one

11 later published cases cite this decision. The 10 that cite it most often are listed here.

Anderson v. Potential Enterprises, Ltd. (Fla. Dist. Ct. App. 1992)
Fliegel v. Sheeran (N.J. Super. Ct. App. Div. 1994)
Schiller v. Schiller (Fla. Dist. Ct. App. 1993)
Hayes v. H.J.S.B.B. Joint Venture (Fla. Dist. Ct. App. 1992)
In re Groff (10th Cir. 1990)
Agri-Tech Services, Inc. v. Citizens Bank of Clovis (In re Groff) (10th Cir. 1990)
Burnsed v. Florida Farm Bureau Casualty Insurance Co. (Fla. Dist. Ct. App. 1989)
Campbell v. A.B. Taff & Sons, Inc. (Fla. Dist. Ct. App. 1988)
Xanadu of Cocoa Beach, Inc. v. Zetley (11th Cir. 1987)
Dobrow v. Bryant (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

399 So.2d 1109 (1981)

CENTURY BANK OF LEE COUNTY, etc., Appellant,
v.
Thurman GILLESPY, Jr., M.D., et al., Appellees.

No. 80-932.

District Court of Appeal of Florida, Fifth District.

June 24, 1981.

*1110 Robert L. Donald of Pavese, Shields, Garner, Haverfield, Kluttz & Cottrell, Cape Coral, for appellant.

Alfred E. Hawkins of Hawkins & Hawkins, Daytona Beach, for appellees.

COWART, Judge.

We hold that, regardless of whatever attributes a joint venture may have which, for other purposes, distinguish it from a traditional partnership, if a "joint venture" in fact meets the definition of a statutory partnership as set out in section 620.585, Florida Statutes (1979), it is a partnership for the purpose of acquiring, holding and conveying title to real property in the name of the joint venture (partnership) as an entity separate from its members as provided in sections 620.595 and 620.605, Florida Statutes (1979).

The summary judgment holding that a judgment against one joint venturer alone did not constitute a lien against land held by the joint venture under a conveyance to it in the joint venture (partnership) name, is

AFFIRMED.

DAUKSCH, C.J., and SHARP, J., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.