CopyCited 102 times | Published | Supreme Court of Florida | 1995 WL 355306
...to be of great public importance: (A) IS A NON-SETTLING DEFENDANT IN A CASE TRIED UNDER SECTION
768.81(3) ENTITLED TO SETOFF OR REDUCTION OF HIS APPORTIONED SHARE OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS
768.041(2),
46.015(2) OR
768.31(5)(a), BASED UPON SUMS PAID BY SETTLING DEFENDANTS IN EXCESS OF THEIR APPORTIONED LIABILITY AS DETERMINED BY THE JURY? (B) DOES THE RULE AS TO SETOFF APPLY EQUALLY TO BOTH ECONOMIC AND NON-ECONOMIC DAMAGES? Id....
...0,000, representing the total amount paid by the settling defendants. The trial court denied the requested setoff. On appeal, TMRMC contended that the trial court erred in denying the requested setoff. The district court of appeal held that sections
46.015(2),
768.041(2), and
768.31(5), *251 Florida Statutes (1991) (the setoff statutes), required that "the $300,000 paid in settlement by other defendants must be applied in reduction of the total damage award returned by the jury." Tallahassee Memorial Regional Medical Ctr., Inc.,
634 So.2d at 658....
...The setoff provisions, which were enacted *253 before section
768.81, presuppose the existence of multiple defendants jointly liable for the same damages. Consequently, the setoff provisions do not apply to noneconomic damages for which defendants are only severally liable. Section
46.015 provides, in pertinent part: (1) A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not release or discharge the liability of any other person who may be liable for the balance of such claim....
...n release or covenant not to sue to any person in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment. §
46.015, Fla. Stat. (1989) (emphasis added). Section
46.015 clearly applies to "a person who is or may be jointly and severally liable with other persons for a claim." Id. (emphasis added). A defendant sued under section
768.81 may not be jointly liable with other defendants for noneconomic damages. Thus, section
46.015 does not apply to noneconomic damages....
...OVERTON, SHAW, KOGAN and HARDING, JJ., concur. WELLS, J., concurs specially with an opinion, in which KOGAN, J., concurs. ANSTEAD, J., concurs specially with an opinion. *255 WELLS, Justice, concurring specially. I concur with the majority's reconciliation of sections
46.015(2),
768.31(5), and
768.81(3), Florida Statutes (1991), in this case in which the parties stipulated that the settling defendants would remain on the verdict form although Fabre v....
...ANSTEAD, Justice, specially concurring. While I concur in the majority's opinion because it makes very good sense, I have some concern that the legislature has not acted to express or clarify its intent as to the continuing application of the provisions of sections
46.015(2),
768.31(5)(a), and
768.041(2), Florida Statutes (1991), in view of the enactment of section
768.81(3), Florida Statutes (1989)....
...mant's fiance, who was found to be 85% responsible for the claimant's injury. As a practical matter, of course, this right to "contribution" is also limited, as all tort rights are, by the financial solvency of the contributing tortfeasors. Sections
46.015(2),
768.31(5)(a), and
768.041(2) are actually parts of the legislative contribution scheme....
...Since the "problem" of a tortfeasor paying more than his fair share has been eliminated by the enactment of section
768.81(3), the "solution" to the problem by the scheme of contribution and setoff is no longer needed. The underlying purpose of the contribution scheme and sections
46.015(2),
768.31(5)(a), and
768.041(2) is simply no longer served in such a case....
...It would be far better, however, since this is an area in which the legislature has broad discretion and authority, and has been very active, for the legislature to expressly indicate the limitations on the continuing use of the contribution scheme, including the setoff provisions of sections
46.015(2),
768.31(5)(a), and
768.041(2)....
CopyCited 64 times | Published | Court of Appeals for the Eleventh Circuit | 32 Envtl. L. Rep. (Envtl. Law Inst.) 20486, 53 ERC (BNA) 2153, 2002 U.S. App. LEXIS 3328, 2002 WL 331961
...City’s counterclaim award the sum the City had recovered when it settled its
previous CERCLA lawsuit against the A&E defendants, who had shipped waste to
the Munisport site while it was being used as a landfill. Specifically, Blasland
sought the setoff under Florida Statutes § 46.015(2), which allows for setoff in
non-tort cases....
...has delivered
a written release or covenant not to sue to any person in partial
satisfaction of the damages sued for, the court shall set off this amount
from the amount of any judgment to which the plaintiff would be
otherwise entitled at the time of rendering judgment.
Fla. Stat.§ 46.015(2).
The City’s position is that the statute’s plain language requires the party
seeking a setoff to introduce a copy of the release from the prior litigation....
...The district court, however, set off only
the A&E settlement amount, and Blasland does not complain about the court’s decision not to set
off the Berger settlement amount.
14
to sue to any person in partial satisfaction of the damages sued for. . . .” Fla. Stat.
§ 46.015(2)....
...equirement
that the party seeking a setoff introduce the written settlement into evidence. The
statute merely says that a setoff is required “if any person shows the court. . .” that
there was a release delivered in a prior lawsuit. Fla Stat. § 46.015(2) (emphasis
added)....
...Instead, what matters is that the City sued for those
sums in the A&E lawsuit, and the defendants in that lawsuit paid the City to settle
it. The Florida setoff statute allows an award to be reduced by a setoff of
compensation “of the damages sued for,” Fla. Stat. § 46.015(2), not just for
damages a party was entitled to recover....
CopyCited 26 times | Published | Florida 4th District Court of Appeal | 2001 WL 6187
...a release or covenant not to sue, or that any defendant has been dismissed by order of the court shall not be made known to the jury." As we noted in Rowe v. Leichter,
561 So.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: "The fact that a written release or covenant not to sue exists or the fact that any person has been dismissed because of such release or covenant not to sue shall not be made known to the jury." In...
CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit | 57 Collier Bankr. Cas. 2d 684, 2007 U.S. App. LEXIS 3263, 47 Bankr. Ct. Dec. (CRR) 212, 2007 WL 445368
...Florida law, which was borrowed by the bankruptcy court, provides a
traditional rule of single satisfaction with an unusual variation. Like the law of
most states, Florida law prevents a party from recovering twice for the same
damages. See, e.g., Fla. Stat. § 46.015(2)....
CopyCited 23 times | Published | Florida 4th District Court of Appeal | 1997 WL 795198
...hese damages from 1988. With regard to the County's point on cross-appeal, we affirm the trial court's reduction of the County's damage award by the $2,750,000 in pretrial settlements received from the architect and masonry construction company. See § 46.015(2), Fla....
CopyCited 17 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Fed. S 586
...Since the "problem" of a tortfeasor paying more than his fair share has been eliminated by the enactment of section
768.81(3), the "solution" to the problem by the scheme of contribution and setoff is no longer needed. The underlying purpose of the contribution scheme and sections
46.015(2),
768.31(5)(a), and
768.041(2) is simply no longer served in such a case....
...or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly. Section 46.015, Florida Statutes (2000), provides, in pertinent part: (1) A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not release or discharge the liability of any other person who may be liable for the balance of such claim....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2467
...r the amount of the damages paid by another party. No authority for that proposition was cited by the trial court and no such authority has been cited to us by appellee. Nor do we conclude that the proposition is valid in this case. To the contrary, section 46.015(2), Florida Statutes (1983), provides: At trial, if any person shows the court that the plaintiff, or his legal representative, has delivered a written release or covenant not to sue to any person in partial satisfaction of the damages...
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2000 WL 678808
...hereby First Union agreed to pay Acadia $1 million cash, to assign Acadia $3,116,000 in mortgage receivables, and to transfer to Acadia 900,606 shares of Class A TIGI stock. In calculating the Case 320 final judgment, the trial court determined that section 46.015(2) of the Florida Statutes required that the Tompkinses receive setoffs for the funds Acadia received pursuant to its pretrial settlements because the settlements were for the single loss Acadia suffered as a result of TIGI's default on its loan obligation. Section 46.015(2) of the Florida Statutes (1997), provides in relevant part: 46.015 Release of parties. (1) A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not release or discharge the liability of any other person who may be liable for the balance of such claim....
...sfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment. (Emphasis added). Acadia argues that the setoff provisions of section 46.015(2) apply only if the settling parties could have been found to have been jointly and severally liable with the party requesting setoff....
...d in crediting each settlement as of the date the settlement was paid, contending that instead the settlements should have been credited as of the date the final judgment was entered in Case 320. To support this claim Acadia relies on the wording of section 46.015(2) of the Florida Statutes (1997), which provides that a setoff is to be "from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment." (Emphasis added)....
...It appears that this precise issue has not yet been addressed by any Florida appellate court. However, the Fourth District Court, in Centex-Rooney Construction Co., Inc. v. Martin County,
706 So.2d 20 (Fla. 4th DCA), rev. denied,
718 So.2d 1233 (Fla.1998), has applied a setoff under section
46.015(2), Florida Statutes (1997), by deducting the amount of the setoff before calculating the interest due on the damage award....
...e 320. To have done otherwise would *739 have resulted in an award of postjudgment interest on money which had already been received by Acadia. In affirming the trial court's ruling, we recognize that the purpose of the setoff provision contained in section 46.015(2) is to prevent an award of double damages and that this purpose would be obviated if we were to construe the statute to mean that Acadia could collect and hold the settlement monies while at the same time accruing interest on the judgment....
CopyCited 10 times | Published | Supreme Court of Florida
...On appeal, the district court noted that the legislature had abrogated the common law rule in Florida that a release of one or more joint obligors discharges the liability of any and all other joint and several obligors for instruments executed after June 23, 1980. §
46.015, Fla. Stat. (Supp. 1980). [2] However, since the agreement in the instant case was executed prior to that date, the district court affirmed based on Florida law prior to the adoption of section
46.015. The court found Penza v. Neckles,
344 So.2d 1282 (Fla. 1977), to be controlling, "however much we may incline to the opposite view."
405 So.2d at 273. Because the legislature had expressed its intention to change the rule by enacting section
46.015, however, the court believed there may have been a change in the law and certified the following *227 question as one of great public importance: Does a written release executed prior to June 23, 1980, of one joint and several obligor...
...Reconsideration of Penza has convinced this Court of the necessity in the instant case for correcting the "dead error" of that decision and to remedy an obvious injustice. Further support for this view is evidenced by the fact that the legislature has expressed its dissatisfaction with the rule by its enactment of section 46.015, supra which abrogated the common law doctrine for documents executed after June 23, 1980....
...es, the Court today abrogates a common law rule without any analysis of the reasons for the rule and without any discussion of the principles governing judicial modification of the common law as embodied in legal precedent. Prior to the enactment of section 46.015, Florida Statutes (Supp....
...This was so even where the release specifically reserved to the obligee the right to proceed against the remaining joint and several obligors. Penza v. Neckles,
344 So.2d 1282 (Fla. 1977). The legislature has now abrogated this doctrine by the enactment of section
46.015....
...ner placed into escrow. The confession of judgment was returned to Willits when petitioner received the $70,000. Petitioner did not dismiss its case against Willits, but did agree to execute a general release at the conclusion of the litigation. [2] 46.015 Release of parties....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1990 WL 58562
...As the court stated, "even if the number of dollars recoverable by plaintiff from bank and Peat Marwick were not identical, all the damages recoverable by plaintiff from Peat Marwick were also recoverable by plaintiff from bank." Peat Marwick contends that the trial court's decision is supported by the law of setoff and that section 46.015(2) Fla....
...I cannot say that it is undisputed on this record that the appellants received at least the full amount of the claim for the embezzlement. I would agree, however, that the amount received from the bank should be allowed as a set-off against any amount eventually recovered for the embezzlement loss, against the appellee. See § 46.015, Fla....
...On the counterclaim, I believe a factual issue still exists as to whether the services sued for were made necessary by the accountant's own negligence and whether the appellants may have waived their right to refuse payment of the claim for that reason. NOTES [1] Section 46.015 Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1989 WL 24034
...2) agreement of the parties that the second contract or agreement takes the place of the first obligation. Miami Nat'l Bank,
366 So.2d at 1204; United Bonding Ins. Co. v. Southeast Regional Builders, Inc.,
236 So.2d 460 (Fla. 1st DCA 1970). See also §
46.015, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2008272
...he owner of the vehicle Felgenhauer was driving. There is no dispute that the owner's settlement was on any basis other than the owner's vicarious liability for Felgenhauer's actions under the dangerous instrumentality doctrine. Sections
768.041 and
46.015, Florida Statutes (2001), provide for a set-off of settlements in negligence actions....
...would be otherwise entitled at the time of rendering judgment and enter judgment accordingly. (3) The fact of such a release or covenant not to sue, or that any defendant has been dismissed by order of the court shall not be made known to the jury. 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 from a tortfeasor who was vicariously liable for the *1045 defendant's acts....
...184, 187 (1933); Skaf's Jewelers, Inc. v. Antwerp Import Corp.,
150 So.2d 260, 262 (Fla. 2d DCA 1963); Jojo's Clubhouse, Inc. v. DBR Asset Mgmt., Inc.,
860 So.2d 503, 504 (Fla. 4th DCA 2003). However, in tort actions allowing for a set-off under sections
768.041 and
46.015, set-off is not an affirmative defense to be considered by the jury but is a determination regarding damages to be made by the court after the verdict is rendered. Sections
768.041 and
46.015 specifically provide that the fact of the settlement is not to be made known to the jury....
...In all cases in which a jury is required to fix damages, the court shall instruct the jury that the plaintiff shall not recover such special damages for personal injury protection benefits paid or payable. This section, unlike sections
768.041 and
46.015, expressly requires a jury [2] determination regarding the set-off of benefits paid....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 597, 1993 WL 13420
...rt the beneficiary's claims. It was instead bottomed on the court's conclusion that the beneficiary lacked standing to bring its own independent claim against the dealer, Prudential-Bache. [2] Appellant makes no contention on this appeal that either section
46.015 or
768.041, Florida Statutes (1991), prevent the settlement with the estate of the trustee from operating to release or extinguish the right of the beneficiary to continue with the suit against the dealer....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5106, 2015 WL 1545006
...urt shall set
off this amount from the amount of any judgment to which
the plaintiff would be otherwise entitled at the time of
rendering judgment and enter judgment accordingly.
§
768.041(2), Fla. Stat. (2012) (emphasis added); accord §
46.015(2), Fla.
Stat....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...y incline to the opposite view. We therefore affirm. Because we perceive the possibility of a change in the judicial attitude in the area of commercial transactions (the legislature having expressed its intention that the rule be changed by enacting Section 46.015, Florida Statutes (1980)) and because we consider the issue to be one of great public importance, we again certify the following question in updated form to our Supreme Court: Does a written release executed prior to June 23, 1980, of...
...than $70,000.00. Unless we are compelled to reach this result we should not do so, especially since the appellees have been free to seek contribution from Willits and his company. The legislature has now acted to avoid such harsh results by enacting Section 46.015, Florida Statutes (1980) which provides that a release of one joint obligor shall not affect the liability of another joint obligor....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 9791, 1991 WL 66358
...tate court defendants released Arai as well. See Williams v. Arai,
731 F.Supp. 1557 (1990). In making that determination, the district court declined to apply two Florida statutes relating to the release of tort-feasors. The first statute, Fla.Stat. §
46.015(1), effective June 23, 1980, governs the release of defendants facing joint and several liability: A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not r...
...the state court defendants did not believe they were entitled to contribution from Arai because they were not paying Arai’s portion of the Williamses’ injuries. In light of these two considerations, coupled with the plain meaning of Fla.Stat. §§
46.015(1), 768.-041(1), and
768.31(5), 3 prohibiting the release of non-party tortfeasors, we reverse the grant of summary judgment in favor of Arai....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 1782, 2002 WL 237760
...partial satisfaction of the damages sued for, [e.s.] the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly."); see also § 46.015(2), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 1094, 1989 Fla. App. LEXIS 2373, 1989 WL 43796
...The appellees therefore consented to these material alterations in their guaranty and have waived any right to a discharge because of them. Appellees also argue that the release of one co-guarantor operates as a release of all. This common law rule has been abrogated by § 46.015, Florida Statutes (1983) [1] for documents executed after June 23, 1980....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
contain nearly identical language, however, section
46.015 is located in the civil practice and procedure
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 400339
...The Stoevers reached a settlement with the extermination company, but were unable to settle with Vedder. Consequently, the Stoevers filed an action for damages against Vedder. Prior to trial, the Stoevers moved for an order in limine excluding evidence of their settlement with the extermination company. Citing sections
46.015(3) [1] and
768.041(3), [2] Florida Statutes (1995), the motion in limine asserted that it would be improper to allow Vedder to inform the jury of the settlement....
...stify certiorari review. Brown & Williamson Tobacco Corp. v. Carter,
680 So.2d 546 (Fla. 1st DCA 1996); Paine, Webber, Jackson & Curtis, Inc. v. Lucas,
411 So.2d 1369 (Fla. 5th DCA 1982). PETITION DENIED. DAUKSCH and PETERSON, JJ., concur. NOTES [1] Section
46.015(3) provides: The fact that a written release of covenant not to sue exists or the fact that any person has been dismissed because of such release or covenant not to sue shall not be made known to the jury....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...8
While Case No. 16-2008-CA-005588 sounded in contract, joint and several
liability is still key. See Osheroff v. Rauch Weaver Millsaps & Co.,
882 So. 2d
503, 506 (Fla. 4th DCA 2004). “Florida law regarding setoffs is found in sections
46.015(2),
768.041(2), and
768.31(5), Florida Statutes (1997).” D’Angelo v.
Fitzmaurice,
863 So. 2d 311, 314 (Fla. 2003) (footnotes omitted). Pertinent here is
section
46.015(2), which provides:
At trial, if any person shows the court that the
plaintiff, or his or her legal representative, has delivered a
written release or covenant not to sue to any person in...
...damages sued for, the court
shall set off this amount from the amount of any
judgment to which the plaintiff would be otherwise
entitled at the time of rendering judgment.
(Emphasis supplied.) With respect to section 46.015(2) and the other provisions,
our supreme court has said: “Each of these statutes presupposes the existence of
multiple defendants jointly and severally liable for the same damages.” D’Angelo,
863 So....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2000 WL 1205447
...Alabama courts, "weighing the legal arguments and policy considerations on each side of the issue." We have a different question to decide in the present case, a question of statutory construction. Wells held that Florida's setoff statutes, sections
46.015(2) and
768.041(2), Florida Statutes (1997), not common law, controlled setoff questions pertaining to economic damages recovered in negligence suits. The setoff statutes focus on whether a release has been given in partial satisfaction of the damages sued for. Section
46.015(2), Florida Statutes (1997), provides: At trial, if any person shows the court that the plaintiff, or his or her legal representative, has delivered a written release or covenant not to sue to any person in partial satisfaction of the...
...Whether the settlement was "too high" or "too low," he would be awarded the full amount of the economic damages the jury determined he had sustained less only a setoff for economic damages already paid him. For this reason, we have no qualms about giving effect to the legislative intent expressed in sections
46.015(2) and
768.041(2), Florida Statutes (1997), as Wells contemplates....
...have plagued the proper administration of justice in tort cases...." Wells v. Tallahassee Mem'l Reg'l Med. Ctr., Inc.,
659 So.2d 249, 255 (Fla.1995)(Wells, J., concurring specially). I conclude that the majority opinion's interpretation of sections
46.015(2) and
768.041(2), Florida Statutes (1997), to require a set-off of settlement proceeds where the jury finds the settling defendant without liability is contrary to the construction of those statutes in Wells. Accordingly, I must respectfully dissent to the holding of the majority opinion on the set-off issue. I concur with the majority's holding on the judicial estoppel issue. *425 In Wells, the supreme court interpreted sections
46.015(2) and
768.041(2), Florida Statutes, holding that those set-off statutes do not apply to noneconomic damages, but do apply to economic damages for which parties continue to be subject to joint and several liability....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...ration in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly. See also § 46.015, Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 2591, 1990 WL 26140
...Provisions Relating to Releases. Plaintiffs argue that the common law rule that releases all tortfeasors on the release of one tortfeasor was abrogated with Florida's enactment of various statutory provisions. With regard to tortfeasors who are jointly and severally liable, section 46.015(1) of the Florida Statutes provides: A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not release or discharge any other person who may be liable for the balance of such claim....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Therefore, we certify as one of great public importance the following questions: (A) IS A NON-SETTLING DEFENDANT IN A CASE TRIED UNDER SECTION
768.81(3) ENTITLED TO SETOFF OR REDUCTION OF HIS APPORTIONED SHARE OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS
768.041(2),
46.015(2) OR
768.31(5)(a), BASED UPON SUMS PAID BY *660 SETTLING DEFENDANTS IN EXCESS OF THEIR APPORTIONED LIABILITY AS DETERMINED BY THE JURY? (B) DOES THE RULE AS TO SETOFF APPLY EQUALLY TO BOTH ECONOMIC AND NON-ECONOMIC DAMAGES? REVERSED and REMAN...
...[3] The amount the trial court awarded in total was $509,267.70. There was a miscalculation in arriving at this figure. Ninety percent of the total damages is $516,467.70; when $9,000 is added to that sum and $17,000 is subtracted, the total becomes $508,467.70. [4] Section 46.015(2), Florida Statutes (1991), reads: (2) At trial, if any person shows the court that the plaintiff, or his legal representative, has delivered a written release or covenant not to sue to any person in partial satisfaction of the damage...
CopyPublished | District Court of Appeal of Florida
these amounts from the final judgment."). See §
46.015(2), Fla. Stat. (2022) ("At trial, if any
CopyPublished | District Court of Appeal of Florida
these amounts from the final judgment."). See §
46.015(2), Fla. Stat. (2022) ("At trial, if any
CopyPublished | Florida 3rd District Court of Appeal
settlement involving these co-defendants. See §
46.015, Fla. Stat. (2023); §
768.041, Fla. Stat. (2023);
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 2489, 2001 WL 219264
...Valdes claimed against the Hospital differed from those claimed against his former partners. Whether caused by the Hospital's sole wrongdoing or in conjunction with wrongdoing on the part of his former partners, Dr. Valdes suffered the same damages, i.e., his lost wages. Section 46.015, Florida Statutes, directs that a court set off the proceeds of any settlement with "any person in partial satisfaction of the damages sued for." Because Dr....
CopyPublished | District Court of Appeal of Florida
contain nearly identical language, however, section
46.015 is located in the civil practice and procedure
CopyPublished | District Court of Appeal of Florida
precluded Close from claiming a setoff; (2) section
46.015(2), Florida Statutes (2022), did not apply
CopyPublished | District Court, M.D. Florida
Florida legislature can say so.9 See Fla. Stat. §
46.015 (governing setoff for a covenant not to sue);
CopyPublished | District Court of Appeal of Florida
setoff is statutorily circumscribed. See §
46.015(2), Fla. Stat. (2020); see also §
768.041(2),
CopyPublished | District Court of Appeal of Florida
received in pretrial settlements, pursuant to section
46.015(2), Florida Statutes). “[W]hen making
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1784, 1984 Fla. App. LEXIS 14749
be liable for the balance of the claim. See Section
46.015, Florida Statutes (Supp.1980), and Stephen
CopyPublished | District Court of Appeal of Florida
statutory interpretation determining that neither section
46.015, Fla. Stat. (2020), nor section
768.041, Fla
CopyPublished | District Court of Appeal of Florida
