Florida Statutes

Fla. Stat. § 673.1161 (2025)

Joint and several liability; contribution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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673.1161 Joint and several liability; contribution.—

(1) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.

(2) Except as provided in s. 673.4191(5) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.

(3) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (2) of a party having the same joint and several liability to receive contribution from the party discharged.

History.—s. 2, ch. 92-82.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: SE Prop. Holdings, LLC v. Braswell, 255 F. Supp. 3d 1187 (S.D. Ala. 2017).

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SE Prop. Holdings, LLC v. Braswell, 255 F. Supp. 3d 1187 (S.D. Ala. 2017). · cites it 2× “See Fla. Stat. § 673.1161 (2) (generally, “a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law”).”

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