46.015
Release of parties.
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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
Blasland, Bouck & Lee, Inc. v. City of North Miami (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.”
Wells v. Tallahassee Mem. Med. Center (1995)
“§ 46.015, Fla. Stat. (1989) (emphasis added).”
Addison Constr. Corp. v. Leo A. Vecellio, Jr., Kathryn C. Vecellio, Dean Desantis, Laura Desantis, Deerfield Builders Su (2018)
“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. (1983)
“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 and Casualty Co. v. Higgins (2001)
“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 (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.”
Gouty v. Schnepel (2001)
“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 America, N.A. (2015)
“(2012) (emphasis added); accord § 46.015(2), Fla. Stat. (2012) (containing materially identical language); see also § 768.”
Raben Builders, Inc. v. First American Bank and Trust Co. (1990)
“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 County (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.”
Gary McCalla and Dianne McCalla v. E. C. Kenyon Construction Company, etc. (2016)
“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 Limited Partnership (2016)
“” 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.”
— 46.015(1) — 3 cases
McNair v. Megabank, Inc. (1989)
— 46.015(2) — 23 cases
Addison Constr. Corp. v. Leo A. Vecellio, Jr., Kathryn C. Vecellio, Dean Desantis, Laura Desantis, Deerfield Builders Su (2018)
“Because the instant case was founded in contract and not in tort, the court found that section 46.”
Acadia Partners, LP v. Tompkins (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 America, N.A. (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 (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 County (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 and Casualty Co. v. Higgins (2001)
“4th DCA 1990), "[t]hese provisions appear in substantially similar form in section 46.015 of the statutes entitled `Release of parties.”
Rowe v. Leichter (1990)
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