Proper plaintiff

Fla. Stat. § 620.2003, under Partnership Laws.

Fla. Stat. § 620.2003

A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:(1) Was a partner when the conduct giving rise to the action occurred; or(2) Whose status as a partner devolved upon the person by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct.History.—s. 17, ch. 2005-267.