46.041
Joinder of certain makers, endorsers, etc., of negotiable instruments.
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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.
Notes of Decisions
Cited in 6
cases, 1988–2019 · leading case: Cukierman v. BankAtlantic
Cukierman v. BankAtlantic (2012)
“some duty, in case of the failure to another who is liable in the first instance”). Additionally, a guarantor of a mortgage note who has no interest in the mortgaged property, although a proper party, is not a necessary party to an action to foreclose the mortgage.”
Vernon v. Service Trucking, Inc. (1990)
“2 Section 46.041(1), Florida Statutes (1987) permits the holder to sue the guarantor in the same action as the maker; Section 673.”
BankAtlantic v. Berliner (2005)
“] Section 46.041(1), Florida Statutes (1987) permits the holder to sue the guarantor in the same action as the maker; Section 673.”
Fort Plantation Investments, LLC v. Ironstone Bank, FSB (2012)
“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.”
Photomagic Industries, Inc. v. Broward Bank (1988)
“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…”
MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, (2019)
“The trial court rejected this argument citing § 46.041(1), Florida Statutes, which states: “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…”
— 46.041(1) — 4 cases
Fort Plantation Investments, LLC v. Ironstone Bank, FSB (2012)
“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.”
Vernon v. Service Trucking, Inc. (1990)
“2 Section 46.041(1), Florida Statutes (1987) permits the holder to sue the guarantor in the same action as the maker; Section 673.”
BankAtlantic v. Berliner (2005)
“] Section 46.041(1), Florida Statutes (1987) permits the holder to sue the guarantor in the same action as the maker; Section 673.”
MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, (2019)
“The trial court rejected this argument citing § 46.041(1), Florida Statutes, which states: “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…”
— 46.041(2) — 2 cases
Vernon v. Service Trucking, Inc. (1990)
“2 Section 46.041(1), Florida Statutes (1987) permits the holder to sue the guarantor in the same action as the maker; Section 673.”
BankAtlantic v. Berliner (2005)
“] Section 46.041(1), Florida Statutes (1987) permits the holder to sue the guarantor in the same action as the maker; Section 673.”
— 46.041(3) — 1 case
MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, (2019)
“The trial court rejected this argument citing § 46.041(1), Florida Statutes, which states: “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…”
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