The 2023 Florida Statutes (including Special Session C)
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. . . Setoffs for collateral recoveries are available pursuant to sections 768.041(2) and 46.015(2) of the . . . Because the instant case was founded in contract and not in tort, the court found that section 46.015 . . . To that end, section 46.015(2) provides that if a defendant demonstrates that a plaintiff has released . . . The plain language of section 46.015(2) establishes that when determining whether to apply a settlement . . . Miami , 283 F.3d 1286, 1296 (11th Cir. 2002) (interpreting section 46.015(2) ). . . .
. . . Section 46.015(2), Florida Statutes (2010), includes a nearly-identical provision that, for purposes . . .
. . . See § 46.015(2), Fla. Stat. (2014). . . . . § 46.015(3); see also Holmes v. . . .
. . . “Florida law regarding setoffs is found in sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes . . . Pertinent here is section 46.015(2), which provides: At trial, if any person shows the court that the . . . With respect to section 46.015(2) and the other provisions, our supreme court has said: “Each of these . . .
. . . Stat. (2012) (emphasis added); accord § 46.015(2), Fla. . . .
. . . .” § 46.015(3), Fla. . . .
. . . from the other defendants against the noneconomic damages awarded to the Estate pursuant to sections 46.015 . . . amounts received from the other defendants against the non-economic damage award pursuant to sections 46.015 . . . Section 46.015(2) states the following: At trial, if any person shows the court that the plaintiff, or . . . Memorial Regional Medical Center, Inc., 659 So.2d 249, 253 (Fla.1995), specifically held that sections 46.015 . . .
. . . . § 46.015 (governing setoff for a covenant not to sue); § 679.340 (governing setoff against a deposit . . .
. . . eviscerated and he would be unable to meet his burden of proof required by Florida Statutes sections 46.015 . . .
. . . Sections 46.015(2) and 768.041(2), Florida Statutes (2008), provide that a party seeking a set-off must . . . of setoff will be eviscerated and he will be unable to meet the burden of proof required by sections 46.015 . . .
. . . Although sections 46.015 and 768.041(3) of the Florida Statutes contain broad language prohibiting any . . .
. . . . § 46.015(2). . . .
. . . . § 46.015(2). . . .
. . . . §§ 768.041 and 46.015, Wendy’s did not waive the right to argue for a set-off of the Citicorp settlement . . . However, in tort actions allowing for a set-off under sections 768.041 and 46.015, set-off is not an . . . Sections 768.041 and 46.015 provide for a set-off of settlements and "presupposes the existence of multiple . . . Section 46.015 contains almost identical language. See Fla. Stat. § 46.015. . . . .
. . . Grobman relies upon the set-off statutes, sections 46.015 and 768.041, Florida Statutes. . . . We have considered sections 46.015(2), 768.041(2), and 768.81, Florida Statutes, applicable to damage . . .
. . . Our supreme court recently noted ,that: ■ Florida law regarding setoffs is found in sections 46.015(2 . . . See §§ 46.015(2), 768.041, 768.31, Fla. Stat.; see also NationsBank, N.A. v. . . .
. . . Sections 768.041 and 46.015,, Florida Statutes (2001), provide for a set-off of settlements in negligence . . . Section 46.015 contains almost identical language. . . . Under sections 768.041 and 46.015 a defendant is entitled to a set-off of the sum the plaintiff received . . . However, in tort actions allowing for a set-off under sections 768.041 and 46.015, set-off is not an . . . Sections 768.041 and 46.015 specifically provide that the fact of the settlement is not to be made known . . .
. . . statutes, section 768.81(3), Florida Statutes (Supp.1988), and Florida’s setoff statutes, sections 46.015 . . .
. . . her share of noneconomic damages,” Wells, 659 So.2d at 252, with the setoff provisions of 768.041(2), 46.015 . . . Where section 768.81 applies, it limits the scope of the statutes regarding setoffs—-sections 46.015( . . . Instead, the setoff issue is governed by sections 46.015 and 768.041, Florida Statutes (1995), which . . .
. . . Applicability of Section 768.81, Florida Statutes (1997) Florida law regarding setoffs is found in sections 46.015 . . . figure represented 33.99% of the $200,000 undifferentiated lump sum payment by Charlotte Regional. . 46.015 . . .
. . . See §§ 46.015, 768.31, 768.041, Fla. Stat. (2000). . . . .
. . . Specifically, Blasland sought the setoff under Florida Statutes § 46.015(2), which allows for setoff . . . Stat. § 46.015(2). . . . Stat. § 46.015(2). . . . Fla Stat. § 46.015(2) (emphasis added). . . . Stat. § 46.015(2), not just for damages a party was entitled to recover. . . .
. . . .”); see also § 46.015(2), Fla. . . .
. . . The underlying purpose of the contribution scheme and sections 46.015(2), 768.31(5)(a), and 768.041(2 . . . Section 46.015, Florida Statutes (2000), provides, in pertinent part: (1) A written covenant not to sue . . .
. . . Section 46.015, Florida Statutes, directs that a court set off the proceeds of any settlement with “any . . .
. . . those other defendants allegedly responsible for the injuries at issue, it refused to consider sections 46.015 . . .
. . . .2d 647, 648 (Fla. 4th DCA 1990), “[t]hese provisions appear in substantially similar form in section 46.015 . . . of the statutes entitled ‘Release of parties.’ ” Section 46.015(3), Florida Statutes (2000) provides . . .
. . . I conclude that the majority opinion’s interpretation of sections 46.015(2) and 768.041(2), Florida Statutes . . . In Wells, the supreme court interpreted sections 46.015(2) and 768.041(2), Florida Statutes, holding . . . Wells held that Florida’s setoff statutes, sections 46.015(2) and 768.041(2), Florida Statutes (1997) . . . Section 46.015(2), Florida Statutes (1997), provides: At trial, if any person shows the court that the . . . this reason, we have no qualms about giving effect to the legislative intent expressed in sections 46.015 . . .
. . . In calculating the Case 320 final judgment, the trial court determined that section 46.015(2) of the . . . Section 46.015(2) of the Florida Statutes (1997), provides in relevant part: 46.015 Release of parties . . . Acadia argues that the setoff provisions of section 46.015(2) apply only if the settling parties could . . . To support this claim Acadia relies on the wording of section 46.015(2) of the Florida Statutes (1997 . . . So.2d 20 (Fla. 4th DCA), rev. denied, 718 So.2d 1233 (Fla.1998), has applied a setoff under section 46.015 . . .
. . . Instead, the issue is governed by sections 46.015 and 768.041, Florida Statutes (1995), which, as confirmed . . .
. . . See § 46.015(2), Fla. . . .
. . . Citing sections 46.015(3) and 768.041(3), Florida Statutes (1995), the motion in limine asserted that . . . Section 46.015(3) provides: The fact that a written release of covenant not to sue exists or the fact . . .
. . . See also § 46.015, Fla. Stat. (1991) (expanding concept to non-tort eases). . . .
. . . that the language of section 768.81(3) (apportionment of damages) and the set-off statutes (sections 46.015 . . .
. . . acted to express or clarify its intent as to the continuing application of the provisions of sections 46.015 . . . Sections 46.015(2), 768.31(5)(a), and 768.041(2) are actually parts of the legislative contribution scheme . . . The underlying purpose of the contribution scheme and sections 46.015(2), 768.31(5)(a), and 768.041(2 . . . limitations on the continuing use of the contribution scheme, including the setoff provisions of sections 46.015 . . . APPORTIONED SHARE OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS 768.041(2), 46.015 . . . The district court of appeal held that sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes . . . Section 46.015 provides, in pertinent part: (1) A written covenant not to sue or release of a person . . . Section 46.015 clearly applies to “a person who is or may be jointly and severally liable with other . . . Thus, section 46.015 does not apply to noneconomic damages. . . . I concur with the majority’s reconciliation of sections 46.015(2), 768.31(5), and 768.81(3), Florida . . .
. . . writing, the settlement was the type of agreement that must not be revealed to the jury under sections 46.015 . . . Keller had settled with the plaintiffs for $250,000 prior to trial, then sections 46.015 and 768.041 . . .
. . . APPORTIONED SHARE OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS 768.041(2), 46.015 . . . when $9,000 is added to that sum and $17,000 is subtracted, the total becomes $508,467.70. .Section 46.015 . . .
. . . Appellant makes no contention on this appeal that either section 46.015 or 768.041, Florida Statutes . . .
. . . . § 46.015(1), effective June 23, 1980, governs the release of defendants facing joint and several liability . . . In light of these two considerations, coupled with the plain meaning of Fla.Stat. §§ 46.015(1), 768.- . . .
. . . These provisions appear in substantially similar form in section 46.015 of the statutes entitled “Release . . . Section 46.015(3) provides: The fact that a written release or covenant not to sue exists or the fact . . .
. . . See § 46.015, Fla. Stat. (1987). . . . Marwick contends that the trial court’s decision is supported by the law of setoff and that section 46.015 . . . Section 46.015 Fla.Stat. (1987) provides: (1) A written covenant not to sue or release of a person who . . .
. . . Appellants, while acknowledging the existence of section 46.015, Florida Statutes (1987), and Stephen . . . International Corporation, 428 So.2d 225 (Fla.1983), advance and advocate the argument that section 46.015 . . . the Florida Legislature expressed its dissatisfaction with this common law rule by enacting section 46.015 . . . We find that section 46.015(1), Florida Statutes, and Bodzo have done away with the distinction between . . .
. . . This common law rule has been abrogated by § 46.015, Florida Statutes (1983) for documents executed after . . .
. . . See also § 46.015, Fla.Stat. (1987) (release of one guarantor does not discharge the liability of remaining . . .
. . . To the contrary, section 46.015(2), Florida Statutes (1983), provides: At trial, if any person shows . . .
. . . See Section 46.015, Florida Statutes (Supp.1980), and Stephen Bodzo Realty, Inc. v. . . . See Section 46.015(2). . . . There is no reason why the provisions of section 46.015 should not have the same effect upon governmental . . .
. . . . § 46.015, Fla.Stat. (Supp.1980). . . . prior to that date, the district court affirmed based on Florida law prior to the adoption of section 46.015 . . . Because the legislature had expressed its intention to change the rule by enacting section 46.015, however . . . fact that the legislature has expressed its dissatisfaction with the rule by its enactment of section 46.015 . . . against Wil-lits, but did agree to execute a general release at the conclusion of the litigation. . 46.015 . . . Prior to the enactment of section 46.015, Florida Statutes (Supp.1980), the longstanding rule in Florida . . . The legislature has now abrogated this doctrine by the enactment of section 46.015. . . .
. . . transactions (the legislature having expressed its intention that the rule be changed by enacting Section 46.015 . . .