Florida Statute 46.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 46
PARTIES

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46.011 Parties for contribution.—When a person executes any bond, note, draft, or bill of exchange and two or more persons execute it jointly with him or her, merely as his or her sureties, or endorse any note or draft or bill of exchange as sureties for the maker or drawer for his or her accommodation and without consideration, said persons are bound to each other for a proportional contribution of the amount of said bond, note, draft, or bill of exchange. If any person is compelled to pay any part of said bond, note, draft, or bill of exchange, he or she may sue his or her cosurety for contribution separately or jointly. Defendants, whether sureties, accommodation joint makers or accommodation endorsers may be sued separately or jointly.

History.—s. 1, Feb. 14, 1835; RS 983; GS 1369; s. 1, ch. 6210, 1911; RGS 2565; CGL 4205; s. 2, ch. 67-254; s. 264, ch. 95-147.

Note.—Former s. 45.05.

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Amendments to 46.011

Annotations, Discussions, Cases:

Cases Citing Statute 46.011

Total Results: 8 | Sort by: Relevance | Newest First

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Woodley Lane, Inc. v. Nolen, 147 So. 2d 569 (Fla. 2d DCA 1962).

Cited 12 times | Published | Florida 2nd District Court of Appeal

endorsers were joined as the defendants pursuant to § 46.11, Florida Statutes, F.S.A. The defendant Truly Nolen

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Ruggio v. Vining, 755 So. 2d 792 (Fla. 2d DCA 2000).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 2000 WL 377351

...Vining would be jointly and severally liable for the obligations incurred by the as-yet unformed company under section 608.437. The amount he *795 might be entitled to collect on this company debt to himself, if any, would apparently be affected by principles of contribution. See § 46.011, Fla....

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Freed v. Giuliani, 164 So. 2d 234 (Fla. Dist. Ct. App. 1964).

Cited 1 times | Published | District Court of Appeal of Florida | 1964 Fla. App. LEXIS 4268

sale pursuant to a judgment obtained under Fla.Stat. 46.11, F.S.A., against the maker of the promissory

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Nat'l Juice Corp. v. Gilligan, 63 So. 2d 914 (Fla. 1953).

Published | Supreme Court of Florida | 1953 Fla. LEXIS 1162

* “Section 6819, Comp.Geh.Laws, supra, [F.S.A. § 46.11], is in its terms broad enough to be applied to

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Hart v. Tucker, 237 So. 2d 772 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6209

...y genuine triable issue of material fact, and that appellees were entitled to judgment as a matter of law. The judgment appealed is accordingly affirmed. Florida State Turnpike Authority v. Michael Baker, Jr., Inc., 156 So.2d 198 (Fla.App.1963). See Section 46.011, Florida Statutes Annotated and cases annotated thereunder....

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Florida Bd. of Bar Examiners re Amendment of Rules Relating to Admissions to the Bar (25-Month Rule), 462 So. 2d 463 (Fla. 1985).

Published | Supreme Court of Florida | 10 Fla. L. Weekly 53, 1985 Fla. LEXIS 2851

8. _ Section 8, 9. .... Section 9, 10. .... Section 46, 11. .... Section 44, 12. .... Section 42, IF.

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Bendl v. Caldwell, 738 So. 2d 1031 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 11637, 1999 WL 651818

PER CURIAM. Charles Bendl appeals a final judgment awarding attorney’s fees and costs to his former business partner, Robert Caldwell, pursuant to section 57.105, Florida Statutes (1997). We find that Bendl’s claim for contribution under section 46.011, Florida Statutes (1997), raised justiciable issues of law and fact....

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Pohlad v. First Nat'l Bar & Grill, Inc., 418 So. 2d 1111 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21485

...This latter finding related to Lord Chumley’s depletion in the value of the personal property securing the note. As to Pohlad’s first argument, the award against Lord equaled one-fifth of the entire amount due on the note. The trial court expressly ruled Lord was entitled to a set-off under Section 46.011, Florida Statutes (1979)....

...This statute provides for contribution among sureties, accommodation joint makers, and accommodation endorsers. Initially, we find that Lord did not rely on this statute in his answer and claim for a set-off, and thus the trial court erred in applying Section 46.011 in the absence of a basis in the pleadings....

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