Florida Statute 46.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 46
PARTIES

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46.041 Joinder of certain makers, endorsers, etc., of negotiable instruments.—

(1) The makers of negotiable instruments and all other persons who, at or before the execution and delivery thereof, endorsed, guaranteed, or became surety for payment thereof, or are otherwise secondarily liable for payment, may be sued in the same action.

(2) In such action the final judgment shall specify the defendants who are liable for payment only as endorser, surety, guarantor or otherwise secondarily.

(3) When a final judgment authorized by this section is paid by one or more defendants who are liable only as endorser, surety, guarantor, or otherwise secondarily, the holder of such judgment shall, on request, assign such judgment to the defendants paying it. Such defendants are entitled to all the rights and remedies of the original plaintiff to enforce collection from the other defendants who are liable.

History.—ss. 1-3, ch. 6486, 1913; RGS 4733-4735; CGL 6819-6821; s. 2, ch. 67-254.

Note.—Former s. 46.11.

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Amendments to 46.041

Annotations, Discussions, Cases:

Cases Citing Statute 46.041

Total Results: 6 | Sort by: Relevance | Newest First

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Cukierman v. BankAtlantic, 89 So. 3d 250 (Fla. 3d DCA 2012).

Cited 10 times | Published | Florida 3rd District Court of Appeal | 2012 WL 280408, 2012 Fla. App. LEXIS 1342

party to an action to foreclose the mortgage. See § 46.041, Fla. Stat. (2009); Prevatt v. Fed. Land Bank

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Fort Plantation Investments, LLC v. Ironstone Bank, FSB, 85 So. 3d 1169 (Fla. 5th DCA 2012).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 5645, 2012 WL 1231072

...Specifically, they claim the bank was not entitled to monetary damages under the guaranties until after completion of the foreclosure sale and finding of a deficiency judgment. In Florida, the drawer or maker of a negotiable instrument and any party who guaranteed payment thereof may be sued in the same action. § 46.041(1), Fla....

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BankAtlantic v. Berliner, 912 So. 2d 1260 (Fla. 4th DCA 2005).

Cited 1 times | Published | Florida 4th District Court of Appeal | 58 U.C.C. Rep. Serv. 2d (West) 821, 2005 Fla. App. LEXIS 17263, 30 Fla. L. Weekly Fed. D 2531

...ainst the maker, those secondarily liable must also be released. The court disagreed, stating: The judgment was in error in failing to "specify the defendants who are liable for payment only as endorser, surety, guarantor or otherwise secondarily." [§ 46.041(2), Fla....

...(1987) ] However it was not in error in finding the defendants "jointly and severally" liable. A liability is said to be joint and several when the creditor may sue one or more of the parties to such liability separately, or all of them together at his option. [Black's Law Dictionary, 5th Edition.] Section 46.041(1), Florida Statutes (1987) permits the holder to sue the guarantor in the same action as the maker; Section 673.416(1) Florida Statutes (1987) permits the holder to sue the guarantor separately....

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Photomagic Indus., Inc. v. Broward Bank, 526 So. 2d 136 (Fla. 3d DCA 1988).

Published | Florida 3rd District Court of Appeal | 1988 WL 44487

...ay that debtor's obligation. See North v. Albee, 20 So.2d 682 (Fla. 1945); Fortenberry v. Mandell, 271 So.2d 170 (Fla. 4th DCA 1972), cert. discharged, 290 So.2d 3 (Fla. 1974); Allstate Life Ins. Co. v. Weldon, 213 So.2d 15 (Fla. 3d DCA 1968). While section 46.041, Florida Statutes (1985), allows guarantors to be joined in an action against the maker of a negotiable instrument, subsection (3) does not allow a guarantor to control the direction of the litigation or plaintiff's rights by tendering money where the debt is going to be satisfied from another source....

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Vernon v. Serv. Trucking, Inc., 565 So. 2d 905 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 14 U.C.C. Rep. Serv. 2d (West) 155, 1990 Fla. App. LEXIS 6425, 1990 WL 120786

separately, or all of them together at his option.2 Section 46.041(1), Florida Statutes (1987) permits the holder

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MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, & Rick Newberger (Fla. Dist. Ct. App. 2019).

Published | District Court of Appeal of Florida

The trial court rejected this argument citing § 46.041(1), Florida Statutes, which states: “The makers

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