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Florida Statute 46 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 46
PARTIES
View Entire Chapter
CHAPTER 46
CHAPTER 46
PARTIES
46.011 Parties for contribution.
46.015 Release of parties.
46.021 Actions; surviving death of party.
46.031 Actions by husband and wife, parent or guardian and child.
46.041 Joinder of certain makers, endorsers, etc., of negotiable instruments.
46.051 Joinder of products liability insurers.
46.011 Parties for contribution.—When a person executes any bond, note, draft, or bill of exchange and two or more persons execute it jointly with him or her, merely as his or her sureties, or endorse any note or draft or bill of exchange as sureties for the maker or drawer for his or her accommodation and without consideration, said persons are bound to each other for a proportional contribution of the amount of said bond, note, draft, or bill of exchange. If any person is compelled to pay any part of said bond, note, draft, or bill of exchange, he or she may sue his or her cosurety for contribution separately or jointly. Defendants, whether sureties, accommodation joint makers or accommodation endorsers may be sued separately or jointly.
History.—s. 1, Feb. 14, 1835; RS 983; GS 1369; s. 1, ch. 6210, 1911; RGS 2565; CGL 4205; s. 2, ch. 67-254; s. 264, ch. 95-147.
Note.—Former s. 45.05.
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.
46.021 Actions; surviving death of party.—No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.
History.—s. 30, Nov. 23, 1828; RS 989; GS 1375; RGS 2571; CGL 4211; s. 1, ch. 26541, 1951; s. 2, ch. 67-254.
Note.—Former s. 45.11.
46.031 Actions by husband and wife, parent or guardian and child.—In any action brought by a husband and his wife, parent or guardian and child for an injury done to the wife or child, in which the wife or child is necessarily joined as coplaintiff, the husband, parent or guardian may join claims of any nature in his or her own right.
History.—s. 11, ch. 1096, 1861; RS 1005; GS 1390; RGS 2586; CGL 4226; s. 1, ch. 21886, 1943; s. 1, ch. 28283, 1953; s. 2, ch. 67-254; s. 266, ch. 95-147.
Note.—Former s. 46.09.
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.
46.051 Joinder of products liability insurers.—
(1) No products liability insurer shall be joined as a party defendant in an action to determine the insured’s liability. However, each insurer which does or may provide products liability insurance coverage to pay all or a portion of any judgment which might be entered in the action shall file with the court, under oath, a statement by a corporate officer setting forth the following information with regard to each known policy of insurance:
(a) The name of the insurer;
(b) The name of each insured;
(c) The limits of liability coverage; and
(d) A statement of any policy or coverage defense which said insurer reasonably believes is available to the insurer filing the statement at the time of filing.
(2) The statement required by subsection (1) shall be amended immediately upon discovery of facts calling for an amendment to such statement.
(3) If the statement or any amendment thereto indicates that a policy or coverage defense has been or will be asserted, then the insurer may be joined as a party.
(4) After the rendition of a verdict, or final judgment by the court if the case is tried without a jury, the insurer may be joined as a party and judgment may be entered by the court based upon the statement or statements herein required.
(5) The rules of discovery shall be available to discover the existence of liability insurance coverage and its provisions.
(6) This act is applicable to products liability actions based on either tort or contract causes of action.
History.—ss. 2, 3, ch. 78-418; s. 5, ch. 2000-336.

F.S. 46 on Google Scholar

F.S. 46 on Casetext

Amendments to 46


Arrestable Offenses / Crimes under Fla. Stat. 46
Level: Degree
Misdemeanor/Felony: First/Second/Third

S30.46 3 - FRAUD-IMPERSON - SIMULATE SHERIFFS COLORS ON MOTOR VEHICLE ETC - M: F
S30.46 4 - FRAUD-IMPERSON - WEAR OFFICIAL SHERIFFS BADGE/INSIGNIA - M: F
S327.46 - HEALTH-SAFETY - REMOVED - I: N
S328.46 - PUBLIC ORDER CRIMES - REMOVED - I: N
S531.46 - PUBLIC ORDER CRIMES - BULK SALE WO REQ DELIVERY TICKET 1ST OFF - M: S
S531.46 - PUBLIC ORDER CRIMES - BULK SALE WO REQ DELIVERY TICKET SUBSQ OFF - M: F
S601.46 - FOOD-HEALTH OR SAFETY - DELIVER IMMATURE CITRUS FRUIT FOR MARKET - M: F
S876.46 - TRESPASSING - USING CLOSED OR RESTRICTED HIGHWAY - M: S
S944.46 - HARBORING - CONCEAL AID ESCAPED PRISONER - F: T

Civil Citations / Citable Offenses under S46
R or S next to points is Mandatory Revocation or Suspension

S316.46 Operating a moped that does not have required - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 46

Total Results: 20

Carlos E. Clark v. Jacqueline Clark

Court: District Court of Appeal of Florida | Date Filed: 2025-01-15

Snippet: ________________ No. 3D24-0046 Lower Tribunal No. 05-18963

Etiany Maria Eloi Zufi v. Robin Gabriel Stockton and Ron Kendall Masonry, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2025-01-08

Snippet: 2d at 952 (quoting Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998)); see Gilbert v. Eckerd Corp

Illiana Grigoriou v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-01-08

Snippet: motion to dismiss. See B.W.B. v. State, 374 So. 3d 40, 46 (Fla. 4th DCA 2023) (“We hold section 836.10 is not

Jonathan Sheppard v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-01-08

Snippet: consensual encounter. Mackey I, 83 So. 3d at 945-46. It was through 9 The Florida Legislature amended

Aaron Smith v. Julie N. Chevillet

Court: District Court of Appeal of Florida | Date Filed: 2025-01-08

Snippet: abuse of discretion. Addie v. Coale, 120 So. 3d 44, 46 (Fla. 4th DCA 2013) (citing Costa v. Costa, 951 So

Derek Rosa v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-01-02

Snippet: expressly authorized by law to do so.”); R.O. v. State, 46 So. 3d 124, 126 (Fla. 3d DCA 2010) (“A court may

Carissa Parker v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-01-02

Snippet: committed by juveniles. See Floyd v. State, 87 So. 3d 45, 46 (Fla. 1st DCA 2012); see also Henry v. State, 175

Flynn v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: (1990) (quoting Hustler Mag. v. Falwell, 485 U.S. 46, 50 (1988)); see also Fortson, 434 F. Supp. 2d at

In Re: Amendments to Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2024-12-05

Snippet: and persons. - 46 - (b) Failure to Comply with Order.

Arturo J. Pulles v. Michael Onorato

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: Inc. v. L&W Supply Corp., 790 So. 2d 539, 544-46 (Fla. 5th DCA 2001) (the mere fact that a date had

Carlos E. Gutierrez v. in Re: Noemi D. Gutierrez

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: sanctions. See, e.g., Kruse v. Karlen, 692 S.W. 3d 43, 46 (Mo. Ct. App. 2024) (dismissing self-represented

Tom Roy Jenkins v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-02

Snippet: bail or an appearance bond in cash, section 903.046(2), Florida Statutes (2024), authorizes the court

Pro Choice Remediation Inc. A/A/O St. James AME Church of Trustee v. Old Dominion Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2024-11-27

Snippet: 5th DCA 2010) (quoting Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998)). We have good reason to

John F. Mosley v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-11-21

Snippet: So. 3d 1248, 1254-55 (Fla. 2016); Mosley v. State, 46 So. 3d 510, 514-15 (Fla. 2009). In short, evidence—including

Carey Baker v. Mark v. Jordan and D. Alan Hays, as Supervisor of Elections, Lake County, Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-15

Snippet: as received at times ranging from 12:26 p.m. to 12:46 p.m. The result of each candidate’s strategy

National Loan Acquisitions Company v. Tabernacle Christian Center Ministries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: Wachovia Mortg. Corp. v. Posti, 166 So. 3d 944, 945-46 (Fla. 4th DCA 2015). As a result, a judgment is void

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

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

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

City of Miami Beach v. Steven Kwartin

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: for violating the City’s Noise Ordinance, section 46-152 of the Code of the City of Miami Beach.1 Kwartin

Wester v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: of the common purpose among the members.” Id. at 46. In Wilson v. State, 596 So. 2d 775, 781 (Fla

Petro Welt Trading ges.M.B.h v. Edward Brinkmann

Court: District Court of Appeal of Florida | Date Filed: 2024-11-08

Snippet: Malaysia Int’l Shipping Corp., 549 U.S. 422, 435–46 (2007) (allowing federal trial courts to dismiss