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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

Wester v. State of Florida

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

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

City of Miami Beach v. Steven Kwartin

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

Snippet: At issue is section 46-152(b), which in its entirety is as follows: Sec. 46-152. - Noises; unnecessary…for violating the City’s Noise Ordinance, section 46-152 of the Code of the City of Miami Beach.1 Kwartin…at 522 (quoting City of Miami Beach, Fla., Code § 46-152(b)). The City timely filed a Petition for Writ…inhabitants . . . . City of Miami Beach, Fla., Code § 46-152 (emphasis added). 2 Kwartin did not file

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

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

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: 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

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

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

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

Baity v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

Snippet: motions.”); Baker v. State, 878 So. 2d 1236, 1245– 46 (Fla. 2004) (“[W]e will dismiss as unauthorized,

T.I.J., a Juvenile v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

Snippet: , 628 (1991))); see also State v. Reyes, 4 So. 3d 46, 48 (Fla. 3d DCA 2009) (explaining a consensual

Melissa Beth Epps, and B.M., by and Through Melissa Beth Epps, as Parent and Natural Guardian v. Tricia Marie Maro Robin John Maro

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-01T00:00:00-07:00

Snippet: adjudicate a matter.” Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998) (quoting Aoude v. Mobil Oil Corp

Esther Lorenzo v. Homeowners Choice Property & Casualty Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: 2 litigate, demanding $46,000. Homeowners Insurance responded with a $20,000

Thomas Van Lent v. the Everglades Foundation, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: Donziger v. 46 United States, 143 S. Ct. 868, 869 (2023) (Gorsuch

Carissa Parker v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

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

Leo L. Boatman v. State of Florida

Court: Fla. | Date Filed: 2024-10-17T00:00:00-07:00

Snippet: plead guilty.” Noetzel v. State, 328 So. 3d 933, 945-46 (Fla. 2021). There is also “a ‘heightened’ standard…circumstances here. - 46 - To the extent Boatman instead argues Instruction

Michael D. LoCascio v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: newly discovered. See Bogle v. State, 322 So. 3d 44, 46–47 (Fla. 2021); see also Cole v. State, 49 Fla.

AAA Capital Funding, Inc. v. Gladys Desange

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: home and collected a check in the amount of $2,721.46. This check – made payable to “Florida First,” an…premium reflected on the COI is almost twice the $2,721.46 premium payment paid by the plaintiffs to Miranda…plaintiffs did not seek to recover from AAA the $2,721.46 that Miranda had stolen. Rather, the plaintiffs

Progressive Specialty Insurance Company v. Florida Hospital Ocala, Inc. D/B/A Adventhealth Ocala A/A/O Sandra Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-14T00:00:00-07:00

Snippet: amp; Irvin E. Schermer, Auto. Liability Ins. 4th § 46:2 (counting Florida among “[a] large minority of

Grand Harbor Community Association, Inc. v. GH Vero Beach Development, LLC, Bahadur

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: Iselin v. United States, 270 U.S. 245, 251, 46 S.Ct. 248, 70 L.Ed. 566 (1926); see also S. Ct. Adept

George Buchanan v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-30T00:00:00-07:00

Snippet: See M.M., 556 So. 2d at 1140–41 (applying section 46(2)(a) of the Restatement (Second) of Torts (1965

Tyrone T. Johnson v. State of Florida

Court: Fla. | Date Filed: 2024-09-19T00:00:00-07:00

Snippet: ’s irrelevant criminal history); Banks v. State, 46 So. 3d 989, 997-98 (Fla. 2010) (where trial witness

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Court: Fla. | Date Filed: 2024-09-12T00:00:00-07:00

Snippet: pursuant tounder sections 743.044, 743.045, 743.046, and 743.047, Florida Statutes, as well as any other

John W. Schmitz v. Dorothy Joan Schmitz

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: total of $566,804.09 and SDC a total of $3,946,104.46, plus costs and fees and prejudgment interest. Joan