Florida Statute 46.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 46
PARTIES

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F.S. 46.041

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.

F.S. 46.041 on Google Scholar

F.S. 46.041 on CourtListener

Amendments to 46.041

Annotations, Discussions, Cases:

Cases Citing Statute 46.041

Total Results: 6

Cukierman v. BankAtlantic

89 So. 3d 250, 2012 WL 280408, 2012 Fla. App. LEXIS 1342

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60308734

Cited 10 times | Published

party to an action to foreclose the mortgage. See § 46.041, Fla. Stat. (2009); Prevatt v. Fed. Land Bank

Fort Plantation Investments, LLC v. Ironstone Bank, FSB

85 So. 3d 1169, 2012 Fla. App. LEXIS 5645, 2012 WL 1231072

District Court of Appeal of Florida | Filed: Apr 13, 2012 | Docket: 2490672

Cited 2 times | Published

payment thereof may be sued in the same action. § 46.041(1), Fla. Stat. (2010). "A suit on a guaranty and

BankAtlantic v. Berliner

912 So. 2d 1260, 58 U.C.C. Rep. Serv. 2d (West) 821, 2005 Fla. App. LEXIS 17263, 30 Fla. L. Weekly Fed. D 2531

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1650003

Cited 1 times | Published

surety, guarantor or otherwise secondarily." [§ 46.041(2), Fla. Stat. (1987) ] However it was not in

MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, and Rick Newberger

District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973291

Published

The trial court rejected this argument citing § 46.041(1), Florida Statutes, which states: “The makers

Vernon v. Service Trucking, Inc.

565 So. 2d 905, 14 U.C.C. Rep. Serv. 2d (West) 155, 1990 Fla. App. LEXIS 6425, 1990 WL 120786

District Court of Appeal of Florida | Filed: Aug 23, 1990 | Docket: 64652454

Published

separately, or all of them together at his option.2 Section 46.041(1), Florida Statutes (1987) permits the holder

Photomagic Industries, Inc. v. Broward Bank

526 So. 2d 136, 1988 WL 44487

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1680006

Published

Weldon, 213 So.2d 15 (Fla. 3d DCA 1968). While section 46.041, Florida Statutes (1985), allows guarantors