Florida Statute 46.015 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 46
PARTIES

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F.S. 46.015

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.

F.S. 46.015 on Google Scholar

F.S. 46.015 on Casetext

Amendments to 46.015

Arrestable Offenses / Crimes under Fla. Stat. 46.015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 46.015.

Annotations, Discussions, Cases:

Cases Citing Statute 46.015

Total Results: 20

Zanzi Asset Management, Inc., and Fabio Cragnotti v. 2G Food, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: settlement involving these co-defendants. See § 46.015, Fla. Stat. (2023); § 768.041, Fla. Stat. (2023

YSC Florida, LLC v. Jeanne S. Siegel

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: “Setoffs are generally governed by sections 46.015 and 768.041, both of which require setoffs as to…received in pretrial settlements, pursuant to section 46.015(2), Florida Statutes). “[W]hen making a setoff

Close Construction, LLC v. City of Riviera Beach Utility Special District, C-Solutions, Inc., and Mark Drummond

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: precluded Close from claiming a setoff; (2) section 46.015(2), Florida Statutes (2022), did not apply because…Setoffs in contract claims are governed by section 46.015(2), which provides that if a plaintiff has released… So. 3d 757, 764 (Fla. 4th DCA 2018) (quoting § 46.015(2), Fla. Stat. (2015)). The setoff statute intends…that Surety’s payment does not fall within section 46.015(2)’s “sued for” language because the District did…the statute is not limited to only litigants. § 46.015(2), Fla. Stat. (2022). Requiring a lawsuit to be

BUREK, INC., D/B/A PINCH A PENNY A/K/A SOUTH TAMPA POOL & SERVICES, AND JOHN L. BUREK, JR v. THE ESTATE OF GEORGE WILLIAMS GAGE, I I I

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-29T00:00:00-07:00

Snippet: amounts from the final judgment."). See § 46.015(2), Fla. Stat. (2022) ("At trial, if any person

BUREK, INC. D/B/A PINCH A PENNY A/K/A SOUTH TAMPA POOL & SERVICES JOHN L. BUREK, JR. v. THE ESTATE OF GEORGE WILLIAMS GAGE, I I I, BY AND THROUGH SUSAN L. GAGE PERSONAL REPRESENTATIVE

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-29T00:00:00-07:00

Snippet: amounts from the final judgment."). See § 46.015(2), Fla. Stat. (2022) ("At trial, if any person

JOHN GARCIA v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-26T00:53:00-07:00

Snippet: certified. 46 15-2815 District Court of Appeal of Florida fladistctapp

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually and as Personal Representative of the ESTATE OF GLORIA H. GORE

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-10T00:53:00-07:00

Snippet: interpretation determining that neither section 46.015, Fla. Stat. (2020), nor section 768.041, Fla. Stat

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually and as Personal Representative of the ESTATE OF GLORIA H. GORE

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-13T00:53:00-07:00

Snippet: analyzing sections 46.015 and 768.041. Setoffs are generally governed by sections 46.015 and 768.041, …settlement, arguing a setoff was required under sections 46.015 and 768.041, Florida Statutes (2020), to prevent…cross-appeal followed. Application of sections 46.015 and 768.041 to motions to setoff attorney’s fees…. 2d 643, 644 (Fla. 4th DCA 1995)). Section 46.015 provides in relevant part: (1) A written… entitled at the time of rendering judgment. § 46.015(1)–(2), Fla. Stat. (2020). Nearly identical

AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANG

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-02T23:53:00-08:00

Snippet: setoff is statutorily circumscribed. See § 46.015(2), Fla. Stat. (2020); see also §768.041(2), Fla…enter judgment accordingly. Similarly, section 46.015(2), Florida Statues, contains the following provision…at the time of rendering judgment.” § 46.015(2), Fla. Stat. (2020). • “At trial… establish the right to setoff at trial. See § 46.015(2), Fla. Stat. (2020); §768.041(2), Fla. Stat.…information is not admissible to the jury, see § 46.15(3), Fla. Stat. (2020); § 768.041(3), Fla. Stat.

DEAN DESANTIS and LAURA DESANTIS v. LEO A. VECELLIO, JR.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-21T00:53:00-07:00

Snippet: found that section 46.015(2) was the controlling statute. To that end, section 46.015(2) provides that …are available pursuant to sections 768.041(2) and 46.015(2) of the Florida Statutes, (2015). Both sections…contain nearly identical language, however, section 46.015 is located in the civil practice and procedure … entitled at the time of rendering judgment.” § 46.015(2), Fla. Stat. (2015). The purpose of the …suggests otherwise. The plain language of section 46.015(2) establishes that when determining whether to

Addison Constr. Corp. v. Leo A. Vecellio, Jr., Kathryn C. Vecellio, Dean Desantis, Laura Desantis, Deerfield Builders Supply Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-21T00:00:00-07:00

Citation: 240 So. 3d 757

Snippet: found that section 46.015(2) was the controlling statute. To that end, section 46.015(2) provides that …are available pursuant to sections 768.041(2) and 46.015(2) of the Florida Statutes, (2015). Both sections…contain nearly identical language, however, section 46.015 is located in the civil practice and procedure …entitled at the time of rendering judgment." § 46.015(2), Fla. Stat. (2015). The purpose of the setoff…suggests otherwise. The plain language of section 46.015(2) establishes that when determining whether to

Escadote I Corp. v. Ocean Three Limited Partnership

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 211 So. 3d 1059, 2016 WL 7403660, 2016 Fla. App. LEXIS 18677

Snippet: judgment and enter judgment accordingly.” Section 46.015(2), Florida Statutes (2010), includes a nearly-

Allen v. State Farm Florida Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-10T00:00:00-07:00

Citation: 198 So. 3d 871, 2016 WL 3201304, 2016 Fla. App. LEXIS 8941

Snippet: trial court after the verdict. See § 46.015(2), Fla. Stat. (2014). The statute prohibits informing…person has been dismissed because of such release. § 46.015(3); see also Holmes v. Area Glass, Inc.,

State v. Revenel

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-03T00:00:00-08:00

Citation: 184 So. 3d 629, 2016 Fla. App. LEXIS 1406, 2016 WL 403207

Snippet: SCALES, J. The State of Florida (the “State”) appeals the trial court’s sentencing of Fran-cique Revenel (“Revenel”) to a term of forty years, while Revenel appeals his underlying criminal conviction. This Court consolidated the two appeals on July 27, 2015. We affirm Revenel’s conviction, but reverse the trial court’s sentencing order and remand for a new- hearing to be conducted in accordance with the sentencing guidelines set forth in section 812.13(2)(a) of the Florida Statu

Gary McCalla and Dianne McCalla v. E. C. Kenyon Construction Company, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-14T00:00:00-08:00

Citation: 183 So. 3d 1192

Snippet: Florida law regarding setoffs is found in sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes… (footnotes omitted). Pertinent here is section 46.015(2), which provides: At trial, if any person… (Emphasis supplied.) With respect to section 46.015(2) and the other provisions, our supreme court

Cornerstone SMR, Inc. v. Bank of America, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-08T00:00:00-07:00

Citation: 163 So. 3d 565, 2015 Fla. App. LEXIS 5106, 2015 WL 1545006

Snippet: Stat. (2012) (emphasis added); accord § 46.015(2), Fla. Stat. (2012) (containing materially identical

Panama City-Bay County Airport & Industrial District v. Kellogg Brown & Root Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-18T00:00:00-07:00

Citation: 140 So. 3d 1112, 2014 WL 2772646, 2014 Fla. App. LEXIS 9238

Snippet: to sue shall not be made known to the jury.” § 46.015(3), Fla. Stat. (2012) (emphasis added); see also

Youngblood v. Villanueva

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

Citation: 141 So. 3d 600, 2014 WL 2117874, 2014 Fla. App. LEXIS 7688

Snippet: damage award pursuant to sections 46.015 and 768.041. Section 46.015(2) states the following: At trial…damages awarded to the Estate pursuant to sections 46.015 and 768.041, Florida Statutes (2002). The Estate…253 (Fla.1995), specifically held that sections 46.015 and 768.041 do not apply to noneconomic damages

Wal-Mart Stores, Inc. v. Strachan

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-12T00:00:00-07:00

Citation: 82 So. 3d 1052, 2011 Fla. App. LEXIS 16151, 2011 WL 4809329

Snippet: of proof required by Florida Statutes sections 46.015(2) and 768.041(2). Id. at 832.1 Unlike the defendant

Anderson v. Vander Meiden

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-28T00:00:00-08:00

Citation: 56 So. 3d 830, 2011 Fla. App. LEXIS 574, 2011 WL 265855

Snippet: Anderson has established irreparable harm. Sections 46.015(2) and 768.041(2), Florida Statutes (2008), provide…to meet the burden of proof required by sections 46.015(2) and 768.041(2). We stress however that our determination