Florida Statutes

Fla. Stat. § 46.015 (2025)

Release of parties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(2) 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 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.

(3) 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.

History.—ss. 1, 2, ch. 80-144; s. 265, ch. 95-147; s. 5, ch. 2000-336.

Notes of Decisions

Cited in 47 cases (9 in the last 5 years), 1981–2026 · leading case: Blasland, Bouck & Lee, Inc. v. City of North Miami, 283 F.3d 1286 (11th Cir. 2002).

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Blasland, Bouck & Lee, Inc. v. City of North Miami, 283 F.3d 1286 (11th Cir. 2002). · cites it 4× “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.”

Wells v. Tallahassee Mem. Med. Ctr., 659 So. 2d 249 (Fla. 1995). · cites it 5× “§ 46.015, Fla. Stat. (1989) (emphasis added).”

Addison Constr. Corp. v. Leo A. Vecellio, Jr., Kathryn C. Vecellio, Dean Desantis, Laura Desantis, Deerfield Builders Supply Co., 240 So. 3d 757 (Fla. 4th DCA 2018). · cites it 9× “Because the instant case was founded in contract and not in tort, the court found that section 46.”

Stephen Bodzo Realty, Inc. v. WILLITS INTERN. CORP., 428 So. 2d 225 (Fla. 1983). · cites it 8× “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.”

State Farm Fire & Cas. Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001). · cites it 3× “4th DCA 1990), "[t]hese provisions appear in substantially similar form in section 46.015 of the statutes entitled `Release of parties.”

Acadia Partners, LP v. Tompkins, 759 So. 2d 732 (Fla. 5th DCA 2000). · cites it 7× “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.”

Gouty v. Schnepel, 795 So. 2d 959 (Fla. 2001). · cites it 2× “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…”

Cornerstone SMR, Inc. v. Bank of Am., N.A., 163 So. 3d 565 (Fla. 4th DCA 2015). · cites it 2× “(2012) (emphasis added); accord § 46.015(2), Fla. Stat. (2012) (containing materially identical language); see also § 768.”

Raben Builders, Inc. v. First Am. Bank & Trust Co., 561 So. 2d 1229 (Fla. 4th DCA 1990). · cites it 4× “See § 46.015, Fla. Stat. (1987). Presumably, had either the accountant or the bank acted properly in this matter, the attempt to steal by the employee would not have been successful, and the appellants would have suffered no loss.”

Centex-Rooney Const. Co., Inc. v. Martin Cnty., 706 So. 2d 20 (Fla. 4th DCA 1997). · cites it 2× “See § 46.015(2), Fla. Stat. (1995)(authorizing set-off of amounts received, pursuant to written release or covenant not to sue in partial satisfaction of damages sued for.”

Gary McCalla & Dianne McCalla v. E. C. Kenyon Constr. Co., etc., 183 So. 3d 1192 (Fla. 1st DCA 2016). · cites it 2× “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 partial satisfaction of the damages sued for, the court…”

Escadote I Corp. v. Ocean Three Ltd. P'ship, 211 So. 3d 1059 (Fla. 3d DCA 2016). · cites it 3× “” Section 46.015(2), Florida Statutes (2010), includes a nearly-identical provision that, for purposes of this case, operates in the same way as section 768.”

Show all 47 citing cases →

— 46.015(1) — 3 cases

prod.liab.rep.(cch)p 12,820 Timothy Williams & Lori Williams v. Arai Hirotake, Ltd. & Arai Helmet (u.s.a.), Ltd., 931 F.2d 755 (11th Cir. 1991).

McNair v. Megabank, Inc., 547 So. 2d 207 (Fla. 3d DCA 1989).

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually & as Pers. Rep. of the Est. OF GLORIA H. GORE (Fla. 4th DCA 2022).

— 46.015(2) — 23 cases

Addison Constr. Corp. v. Leo A. Vecellio, Jr., Kathryn C. Vecellio, Dean Desantis, Laura Desantis, Deerfield Builders Supply Co., 240 So. 3d 757 (Fla. 4th DCA 2018). “Because the instant case was founded in contract and not in tort, the court found that section 46.”

Acadia Partners, LP v. Tompkins, 759 So. 2d 732 (Fla. 5th DCA 2000). “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.”

Cornerstone SMR, Inc. v. Bank of Am., N.A., 163 So. 3d 565 (Fla. 4th DCA 2015). “(2012) (emphasis added); accord § 46.015(2), Fla. Stat. (2012) (containing materially identical language); see also § 768.”

Blasland, Bouck & Lee, Inc. v. City of North Miami, 283 F.3d 1286 (11th Cir. 2002). “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.”

Centex-Rooney Const. Co., Inc. v. Martin Cnty., 706 So. 2d 20 (Fla. 4th DCA 1997). “See § 46.015(2), Fla. Stat. (1995)(authorizing set-off of amounts received, pursuant to written release or covenant not to sue in partial satisfaction of damages sued for.”

— 46.015(3) — 5 cases

State Farm Fire & Cas. Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001). “4th DCA 1990), "[t]hese provisions appear in substantially similar form in section 46.015 of the statutes entitled `Release of parties.”

Panama City-Bay Cnty. Airport & Indus. Dist. v. Kellogg Brown & Root Servs., Inc., 140 So. 3d 1112 (Fla. 1st DCA 2014).

Stoever v. Vedder Homes, Inc., 697 So. 2d 1247 (Fla. 5th DCA 1997).

Rowe v. Leichter, 561 So. 2d 647 (Fla. 4th DCA 1990).

Allen v. State Farm Florida Ins. Co., 198 So. 3d 871 (Fla. 2d DCA 2016).

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