Cases from cite.case.law:

ADDISON CONSTRUCTION CORPORATION, E. v. A. VECELLIO, Jr. C. a k a LLC, v. A. Jr. C. a a E. a R. V. a a L L a a, 240 So. 3d 757 (Fla. App. Ct. 2018)

. . . Setoffs for collateral recoveries are available pursuant to sections 768.041(2) and 46.015(2) of the . . . section 46.015 is located in the civil practice and procedure title of the Florida Statutes and section 768.041 . . . See Cornerstone , 163 So.3d at 569 ("The setoff provision in section 768.041(2) 'was designed to prevent . . . P'ship , 211 So.3d 1059, 1062 (Fla. 3d DCA 2016) (quoting § 768.041(2), Fla. Stat. (2010) ). . . .

ESCADOTE I CORP. v. OCEAN THREE LIMITED PARTNERSHIP,, 211 So. 3d 1059 (Fla. Dist. Ct. App. 2016)

. . . Set-off Set-offs for collateral recoveries are available pursuant to section 768.041(2), Florida Statutes . . . includes a nearly-identical provision that, for purposes of this case, operates in the same way as section 768.041 . . . McMannis, 231 So.2d 194, 196 (Fla. 1970) (section 768.041(2) “authorizes to be set off from a judgment . . . “The set-off provision in section 768.041(2) “was designed to prevent duplicate or overlapping compensation . . .

SEBO, v. AMERICAN HOME ASSURANCE COMPANY, INC., 208 So. 3d 694 (Fla. 2016)

. . . Saleeby held that section 768.041, Florida Statutes, which bars disclosure to the jury of settlement . . .

IN RE UNIVERSAL HEALTH CARE GROUP, INC. LLC, R. v. LLC IX, L. P., 560 B.R. 594 (Bankr. M.D. Fla. 2016)

. . . Pursuant to section 768.041(1), Fla. . . . Stat. § 768.041(1). . . .

McCALLA v. E. C. KENYON CONSTRUCTION COMPANY, INC. a, 183 So. 3d 1192 (Fla. Dist. Ct. App. 2016)

. . . “Florida law regarding setoffs is found in sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes . . .

DANIEL, v. B. MORRIS,, 181 So. 3d 1195 (Fla. Dist. Ct. App. 2015)

. . . As the initial and subsequent tortfeasor doctrine is not applicable to this case, section 768.041, Florida . . .

CORNERSTONE SMR, INC. v. BANK OF AMERICA, N. A. a, 163 So. 3d 565 (Fla. Dist. Ct. App. 2015)

. . . Because we conclude that section 768.041(2), Florida Statutes (2012), compels a full set-off, we agree . . . Among the many arguments it made, it pointed to section 768.041(2), Florida Statutes (2012), which required . . . The Florida Legislature abolished this common law rule in section 768.041, Florida Statutes (2012), which . . . The set-off provision in section 768.041(2) “was designed to prevent duplicate or overlapping compensation . . . Under the plain language of section 768.041(2), Florida Statutes, the set-off must be applied to “the . . .

SAUNDERS, v. DICKENS, M. D., 151 So. 3d 434 (Fla. 2014)

. . . Pasarin entered into a settlement agreement with the Saunders and, as required by section 768.041(3), . . .

PANAMA CITY- BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT, v. KELLOGG BROWN ROOT SERVICES, INC., 140 So. 3d 1112 (Fla. Dist. Ct. App. 2014)

. . . . § 768.041(3) (applying the same prohibition to tort claims). . . . But the Supreme Court disagreed, stating: [T]he plain language of sections 768.041(3) and 90.408 expressly . . .

T. YOUNGBLOOD, v. VILLANUEVA,, 141 So. 3d 600 (Fla. Dist. Ct. App. 2014)

. . . other defendants against the noneconomic damages awarded to the Estate pursuant to sections 46.015 and 768.041 . . . received from the other defendants against the non-economic damage award pursuant to sections 46.015 and 768.041 . . . Regional Medical Center, Inc., 659 So.2d 249, 253 (Fla.1995), specifically held that sections 46.015 and 768.041 . . . Section 768.041(2) contains slightly different terminology but is the same in substance. . . .

BERN, v. CAMEJO, 168 So. 3d 232 (Fla. Dist. Ct. App. 2014)

. . . witnesses had been sued and was originally named as a defendant in the case, in violation of section 768.041 . . . Section 768.041(3), Florida Statutes (2012) provides that “[t]he fact of ... a release or covenant not . . . Priest, 413 So.2d 43 (Fla. 3d DCA 1982), this court considered the application of section 768.041(3) . . . See § 768.041(3), Fla. Stat. (2012). . . . See Grunow, 71 So.3d at 189 (noting that sections 768.041 and 90.408 do not "prohibit questions of the . . .

A. HOLMES v. AREA GLASS, INC., 117 So. 3d 492 (Fla. Dist. Ct. App. 2013)

. . . Section 768.041, Florida Statutes (2012), prohibits the admission at trial of any evidence of settlement . . . In this case, we find that it was a violation of section 768.041 to include Area Glass on the verdict . . .

IN RE ACOSTA- GARRIGA, V. v. USA N. A., 506 B.R. 149 (M.D. Fla. 2013)

. . . account); § 766.118(7) (governing setoff for non-economic damages in medical malpractice actions); § 768.041 . . .

UNIVERSITY OF MIAMI, v. FRANCOIS,, 76 So. 3d 360 (Fla. Dist. Ct. App. 2011)

. . . See §§ 768.041(1), 768.3 l(5)(a), Fla. Stat. (1997); Broz v. . . .

WAL- MART STORES, INC. v. STRACHAN, LLC, Al, 82 So. 3d 1052 (Fla. Dist. Ct. App. 2011)

. . . he would be unable to meet his burden of proof required by Florida Statutes sections 46.015(2) and 768.041 . . .

HARRIS v. E. D. GRUNOW, Jr. O. R., 71 So. 3d 186 (Fla. Dist. Ct. App. 2011)

. . . These objectives are embodied in sections 768.041 and 90.408, Florida Statutes (2010). . . . Section 768.041(3) ordinarily prohibits the disclosure to the jury of “a release or covenant not to sue . . .

A. ANDERSON, v. D. VANDER MEIDEN, M. DUGGAN,, 56 So. 3d 830 (Fla. Dist. Ct. App. 2011)

. . . Sections 46.015(2) and 768.041(2), Florida Statutes (2008), provide that a party seeking a set-off must . . . be eviscerated and he will be unable to meet the burden of proof required by sections 46.015(2) and 768.041 . . .

GRIFFIN, v. ELLIS ALUMINUM SCREEN, INC., 30 So. 3d 714 (Fla. Dist. Ct. App. 2010)

. . . Section 768.041(3), Florida Statutes (2007), prohibits anyone from presenting to the jury the fact that . . .

SALEEBY, v. ROCKY ELSON CONSTRUCTION, INC., 3 So. 3d 1078 (Fla. 2009)

. . . Unlike the majority, I do not believe that sections 90.408 and 768.041, Florida Statutes (2006), prohibit . . . Although sections 46.015 and 768.041(3) of the Florida Statutes contain broad language prohibiting any . . . In contrast to section 90.408, section 768.041 includes a more general prohibition against admitting . . . Specifically, section 768.041(3), Florida Statutes (2006), provides that “[t]he fact of such a release . . . Thus, this Court in Dosdomian held that an exception to the general prohibition of section 768.041(3) . . . Both sections 768.041 and 90.408, Florida Statutes (2006), prohibit the admission at trial of any evidence . . . Citing section 768.041’s prohibition on informing a jury that a witness was a prior defendant in the . . . Section 768.041, Florida Statutes (2006) provides as follows: (1) A release or covenant not to sue as . . . We did not apply section 768.041(3), nor did we create an exception to it. . . . Citing the predecessor statute to section 768.041, the district court stated: Section 54.28, Fla. . . . Here, section 768.041(3) should not be applied in derogation of section 90.608(2). . . . Assuming that the fact that A-l had exited the lawsuit falls within the scope of section 768.041(3), . . . plaintiff unilaterally created the situation in which a choice was required between applying section 768.041 . . . witness whose credibility is subject to impeachment for bias should not be permitted to use section 768.041 . . . evidence in violation of section 54.28, Florida Statutes (1957), the predecessor statute of section 768.041 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. WILLIAMS,, 943 So. 2d 997 (Fla. Dist. Ct. App. 2006)

. . . trial court ultimately granted the motion for mistrial, citing as support for its decision section 768.041 . . . Section 768.041 reads: (1) A release or covenant not to sue as to one tortfeasor for property damage . . . By its relatively clear language, it is apparent that the legislature intended section 768.041 to apply . . . In other words, section 768.041(3) only proscribes informing a jury about settlements involving joint . . . We conclude that section 768.041(3) has no bearing on the situation that occasioned appellee’s motion . . .

KMS RESTAURANT CORP. a J. III, v. WENDY S INTERNATIONAL, INC. An A, 194 F. App'x 591 (11th Cir. 2006)

. . . . §§ 768.041 and 46.015, Wendy’s did not waive the right to argue for a set-off of the Citicorp settlement . . . However, in tort actions allowing for a set-off under sections 768.041 and 46.015, set-off is not an . . . Sections 768.041 and 46.015 provide for a set-off of settlements and "presupposes the existence of multiple . . . Section 768.041 provides, in relevant part: Release or covenant not to sue.- (1) A release or covenant . . . Stat. § 768.041. Section 46.015 contains almost identical language. See Fla. Stat. § 46.015. . . . .

POSEY, v. R. GROBMAN, M. D. R. M. D. P. A. SSJ, 951 So. 2d 857 (Fla. Dist. Ct. App. 2005)

. . . Grobman relies upon the set-off statutes, sections 46.015 and 768.041, Florida Statutes. . . . We have considered sections 46.015(2), 768.041(2), and 768.81, Florida Statutes, applicable to damage . . .

HESS, M. D. d b a a v. WALTON,, 898 So. 2d 1046 (Fla. Dist. Ct. App. 2005)

. . . These proposals under rule 1.442 and section 768.79 are not immune from the rule announced in section 768.041 . . . Section 768.041 requires the trial court to offset funds received in any pretrial settlement with a party . . . Walton were designed to comply with section 768.041. Thus, if FOI had settled with Ms. . . .

L. VUCINICH, M. D. v. ROSS,, 893 So. 2d 690 (Fla. Dist. Ct. App. 2005)

. . . The supreme court pointed out that section 768.041(3), Florida Statutes, provides that releases, covenants . . . Furthermore, the district court reversed the order granting a new trial because: Section 768.041(3), . . . to sue, and dismissals of defendants by order of the court “shall not be made known to the jdry.” § 768.041 . . .

BROZ, v. RODRIGUEZ, M. D. M. D. P. A. C. M. D., 891 So. 2d 1205 (Fla. Dist. Ct. App. 2005)

. . . Section 768.041(1) Florida Statutes (1999), provides: A release or covenant not to sue as to one tortfeasor . . . Plaintiff contends that section 768.041(1) applies to her claims against Defendants. . . . Defendants counter that section 768.041(1) applies to joint tortfeasors and not sequential or subsequent . . . Based upon the plain meaning of the words used by the Legislature in section 768.041(1), in order for . . . Plaintiff also contends that sections 768.041 and 768.31 apply to' subsequent and sequential tortfeasors . . .

TERRY PLUMBING HOME SERVICES, INC. v. L. BERRY,, 900 So. 2d 581 (Fla. Dist. Ct. App. 2004)

. . . Plumbing filed a Motion for Set-Off, arguing that it was entitled to a set-off pursuant to section 768.041 . . .

SHAW, v. CAMBRIDGE INTEGRATED SERVICES GROUP, INC., 888 So. 2d 58 (Fla. Dist. Ct. App. 2004)

. . . products liability claim, that holding was strictly limited to the context of set-off under section 768.041 . . .

B. HIGGINS, v. STATE FARM FIRE AND CASUALTY COMPANY, L. v., 894 So. 2d 5 (Fla. 2004)

. . . The circuit court found that the remark violated section 768.041(3), Florida Statutes (1999), and granted . . .

OSHEROFF a v. RAUCH WEAVER MILLSAPS CO. a Co. a a V. a, 882 So. 2d 503 (Fla. Dist. Ct. App. 2004)

. . . supreme court recently noted ,that: ■ Florida law regarding setoffs is found in sections 46.015(2), 768.041 . . . See §§ 46.015(2), 768.041, 768.31, Fla. Stat.; see also NationsBank, N.A. v. . . .

FELGENHAUER, v. BONDS,, 891 So. 2d 1043 (Fla. Dist. Ct. App. 2004)

. . . Sections 768.041 and 46.015,, Florida Statutes (2001), provide for a set-off of settlements in negligence . . . Section 768.041 provides: Release or covenant not to sue.— (1) A release or covenant not to sue as to . . . Under sections 768.041 and 46.015 a defendant is entitled to a set-off of the sum the plaintiff received . . . However, in tort actions allowing for a set-off under sections 768.041 and 46.015, set-off is not an . . . Sections 768.041 and 46.015 specifically provide that the fact of the settlement is not to be made known . . .

COUSINS CLUB CORP. v. A. SILVA E., 869 So. 2d 719 (Fla. Dist. Ct. App. 2004)

. . . statutes, section 768.81(3), Florida Statutes (Supp.1988), and Florida’s setoff statutes, sections 46.015, 768.041 . . .

VINES, v. MATHIS, 867 So. 2d 548 (Fla. Dist. Ct. App. 2004)

. . . See generally § 768.041(2), Fla. . . .

R. GROBMAN, M. D. R. M. D. P. A. SSJ d b a d b a v. POSEY,, 863 So. 2d 1230 (Fla. Dist. Ct. App. 2003)

. . . for his or her share of noneconomic damages,” Wells, 659 So.2d at 252, with the setoff provisions of 768.041 . . . section 768.81 applies, it limits the scope of the statutes regarding setoffs—-sections 46.015(2), 768.041 . . . Instead, the setoff issue is governed by sections 46.015 and 768.041, Florida Statutes (1995), which . . .

C. D ANGELO, M. D. v. J. FITZMAURICE, J. v. C. D M. D., 863 So. 2d 311 (Fla. 2003)

. . . Section 768.81, Florida Statutes (1997) Florida law regarding setoffs is found in sections 46.015(2), 768.041 . . . any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment. . 768.041 . . .

PARKER BEACH RESTORATION, INC. v. UNITED STATES,, 58 Fed. Cl. 126 (Fed. Cl. 2003)

. . . Florida Statute ch. 768.041 Even though consideration of extrinsic evidence is not appropriate under . . . of contract construction, extrinsic evidence could possibly be considered under Florida Statute ch. 768.041 . . . Florida Statute ch. 768.041(1) (2003) provides: A release or covenant not to sue as to one tortfeasor . . . Therefore, Florida Statute ch. 768.041 is not relevant to the Court’s decision today. . . . THE COURT: [D]o you have any cases that would indicate that the interpretation of 768.041, the phrase . . .

CHESTER, v. DOIG, M. D., 842 So. 2d 106 (Fla. 2003)

. . . See §§ 46.015, 768.31, 768.041, Fla. Stat. (2000). . . . .

W. HUGHES, Jr. v. ENTERPRISE LEASING COMPANY,, 831 So. 2d 1240 (Fla. Dist. Ct. App. 2002)

. . . Section 768.041(2), Florida Statutes (2000), provides that if the plaintiff has provided a release or . . . Johnston, 813 So.2d 1065, 1066 (Fla. 1st DCA 2002) (stating that section 768.041(2) does not authorize . . .

RICKS, v. LOYOLA, M. D., 822 So. 2d 502 (Fla. 2002)

. . . the trial court abused its discretion by granting a new trial, the Fourth District stated: Section 768.041 . . . to sue, and dismissals of defendants by order of the court “shall not be made known to the jury.” § 768.041 . . . Section 768.041 states in pertinent part: Release or covenant not to sue.— (1) A release or covenant . . . that any defendant has been dismissed by order of the court shall not be made known to the jury. § 768.041 . . .

TERRI VAN WINKLE, P. A. v. JOHNSTON, 813 So. 2d 1065 (Fla. Dist. Ct. App. 2002)

. . . However, in Kay, the defendant was entitled to a setoff on the basis of section 768.041(2), Florida Statutes . . . Because section 768.041(2) does not authorize a setoff based on uninsured motorist coverage, Kay is not . . .

NATIONSBANK, N. A. N. A. N. A. v. KPMG PEAT MARWICK LLP,, 813 So. 2d 964 (Fla. Dist. Ct. App. 2002)

. . . In allowing these setoffs, the trial court relied on section 768.041(2), Florida Statutes (2000), and . . . Section 768.041(2) allows such a setoff only if the person claiming it shows that the amount claimed . . . In response KPMG recognizes that joint liability may be required for a setoff under section 768.041 but . . . Returning therefore to section 768.041(2) and its construction by the Wells court, it is apparent to . . . See § 768.041(1), Fla. . . .

JOHN HANCOCK- GANNON JOINT VENTURE II, v. F. McNULLY d b a s a k a s C. E. J. H. J., 800 So. 2d 294 (Fla. Dist. Ct. App. 2001)

. . . the fact that section 768.0425 is part of Chapter 768, which is entitled “Negligence,” and sections 768.041 . . .

GOUTY, v. J. SCHNEPEL,, 795 So. 2d 959 (Fla. 2001)

. . . Wells, explained the interplay between the statutory schemes: Sections 46.105(2), 768.31(5)(a), and 768.041 . . . The underlying purpose of the contribution scheme and sections 46.015(2), 768.31(5)(a), and 768.041(2 . . . who was found not liable in a negligence action, relying upon the setoff statute contained in section 768.041 . . . Section 768.041, Florida Statutes (2000), provides, in pertinent part: (1) A release or covenant not . . .

AMERADA HESS CORPORATION, a v. FEDERATED DEPARTMENT STORES, INC. d b a d b a d b a Co., 782 So. 2d 445 (Fla. Dist. Ct. App. 2001)

. . . The court recognized that, at that time, section 768.041, Florida Statutes (1975), provided that “a release . . .

DOIG, M. D. v. CHESTER,, 776 So. 2d 1043 (Fla. Dist. Ct. App. 2001)

. . . defendants allegedly responsible for the injuries at issue, it refused to consider sections 46.015(2) and 768.041 . . .

LINCOLN INSURANCE COMPANY, v. HOME EMERGENCY SERVICES, INC. USA, PCA, 812 So. 2d 433 (Fla. Dist. Ct. App. 2001)

. . . obviously contrary to the law of both insurance and spoliation, which is that "only for purposes of section 768.041 . . .

STATE FARM FIRE AND CASUALTY COMPANY, v. B. HIGGINS, L. f k a L. f k a, 788 So. 2d 992 (Fla. Dist. Ct. App. 2001)

. . . Contained in Chapter 768 of the Florida Statutes entitled “Negligence,” Section 768.041(3), Florida Statutes . . . fact of release or covenant, or that any defendant has been dismissed’ ” within the meaning of section 768.041 . . .

LOYOLA, M. D. v. RICKS, W. M. D. P. A. HCA d b a St., 777 So. 2d 423 (Fla. Dist. Ct. App. 2000)

. . . Section 768.041(3), Florida Statutes, provides that releases, covenants not to sue, and dismissals of . . . defendants by order of the court “shall not be made known to the jury.” § 768.041(3), Fla.Stat. (2000 . . .

In EXXON VALDEZ ADF, v. ADF, v. E. C. L. L. R. G. P. Sr. E. A. Sr. E. R. S. T. M. Jr. A. In ADF, v. v., 229 F.3d 790 (9th Cir. 2000)

. . . Stat. ch. 768.041; Maine Rev. Stat. Ann. § 163; N.H.Rev.Stat. Ann. § 507:7 — i; N.Y. . . .

H. ANDERSON, M. D. H. M. D. P. A. v. EWING a, 768 So. 2d 1161 (Fla. Dist. Ct. App. 2000)

. . . Therefore, in accordance with section 768.041(2), Florida Statutes (1997), and Devlin v. . . .

J. SCHNEPEL, v. M. GOUTY,, 766 So. 2d 418 (Fla. Dist. Ct. App. 2000)

. . . I conclude that the majority opinion’s interpretation of sections 46.015(2) and 768.041(2), Florida Statutes . . . In Wells, the supreme court interpreted sections 46.015(2) and 768.041(2), Florida Statutes, holding . . . Wells held that Florida’s setoff statutes, sections 46.015(2) and 768.041(2), Florida Statutes (1997) . . . Similarly, section 768.041(2), Florida Statutes (1997), provides: At trial, if any defendant shows the . . . we have no qualms about giving effect to the legislative intent expressed in sections 46.015(2) and 768.041 . . .

BUILDER S SQUARE, INC. v. SHAW,, 755 So. 2d 721 (Fla. Dist. Ct. App. 1999)

. . . He bases his argument on section 768.041 which states in pertinent part that: “(1) A release or covenant . . . Hellens, 140 So.2d 73 (Fla. 2d DCA 1962) (§ 768.041 applies to all tortfeasors, whether joint or several . . . Hence, we conclude that, only for purposes of section 768.041, the spoliation claim is the same tort . . . Section 768.041(3) provides that “[t]he fact of ... a release or covenant not to sue ... . . . From our discussion of the spoliation claim, we conclude that under section 768.041 the spoliator is . . . inform the jury of the $250,000 settlement with TriArc, but I would submit that Florida Statutes section 768.041 . . .

JOHN CADDELL CONSTRUCTION COMPANY H. v. MENDEZ,, 742 So. 2d 425 (Fla. Dist. Ct. App. 1999)

. . . damages (injuries) claimed in the two cases were not the same; thus, in our view, a setoff under section 768.041 . . .

MITCHELL, v. REALTY SOURCE INCORPORATED, f k a a, 740 So. 2d 39 (Fla. Dist. Ct. App. 1999)

. . . Dixon and Realty Source, the trial court may consider whether a set-off is appropriate pursuant to § 768.041 . . .

MENDEZ, a MENDEZ, v. P. SIMON,, 739 So. 2d 101 (Fla. Dist. Ct. App. 1999)

. . . Section 768.041 provides: At trial, if any defendant shows the court that the plaintiff, or any person . . . plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly. § 768.041 . . . McMannis, 231 So.2d 194 (Fla.1970), the Florida Supreme Court stated with respect to section 768.041( . . . Thus, applying section 768.041(2) in accordance with Devlin, the defendant should only be entitled to . . . integral part of that settlement and a proper basis on which to determine the setoff under section 768.041 . . .

J. R. BROOKS SON, INC. v. G. QUIROZ,, 707 So. 2d 861 (Fla. Dist. Ct. App. 1998)

. . . Instead, the issue is governed by sections 46.015 and 768.041, Florida Statutes (1995), which, as confirmed . . . Hellens, 140 So.2d 73 (Fla. 2d DCA 1962)(section 54.28, predecessor to section 768.041 providing for . . .

G. CROSBY, v. JONES,, 705 So. 2d 1356 (Fla. 1998)

. . . At the time Crosby entered the dismissal in this case, this Court had clearly stated that section 768.041 . . .

STOEVER v. VEDDER HOMES, INC., 697 So. 2d 1247 (Fla. Dist. Ct. App. 1997)

. . . Citing sections 46.015(3) and 768.041(3), Florida Statutes (1995), the motion in limine asserted that . . . Section 768.041(3) provides: The fact of such a release or covenant not to sue, or that any defendant . . .

SMITH, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 691 So. 2d 1127 (Fla. Dist. Ct. App. 1997)

. . . See § 768.041(1), Fla.Stat (1995); Sun First Nat’l Bank v. . . . /Villa Maria Nursing Ctr., 684 So.2d 211, 214 (Fla. 3d DCA 1996); see § 768.041(2), Fla. . . .

YELLOW CAB COMPANY OF ST. PETERSBURG, INC. v. BETSEY,, 696 So. 2d 769 (Fla. Dist. Ct. App. 1996)

. . . . § 768.041, Fla.Stat. (1995). . . .

BAUDO v. BON SECOURS HOSPITAL VILLA MARIA NURSING CENTER, d b a f k a d b a, 684 So. 2d 211 (Fla. Dist. Ct. App. 1996)

. . . We conclude that the trial court ruling is contrary to sections 768.041 and 768.31, Florida Statutes . . . Section 768.041, Florida Statutes (1991), provides in part: 768.041 Release or covenant not to sue.— . . . The Rucks case is also inapposite because it does not mention, much less analyze, sections 768.31 and 768.041 . . . Beker, 629 So.2d at 912 (citation omitted); see §§ 768.041(2), 768.31(5), Fla. Stat. (1991). . . .

LAUTH, By GADANSKY, v. OLSTEN HOME HEALTHCARE, INC. d b a a, 678 So. 2d 447 (Fla. Dist. Ct. App. 1996)

. . . .” § 768.041(2), Fla. Stat. (1993). . . .

FLORIDA CORVETTE CALIPERS, INC. a v. CINCINNATI MILACRON MARKETING COMPANY,, 670 So. 2d 1203 (Fla. Dist. Ct. App. 1996)

. . . We reverse the setoff granted under section 768.041(2), Florida Statutes. In Devlin v. . . .

MUHAMMAD, v. TOYS R US, INC., 668 So. 2d 254 (Fla. Dist. Ct. App. 1996)

. . . Section 768.041(3), Florida Statutes (1993), prohibits a party from disclosing to the jury that a settlement . . .

R. COHEN, D. O. R. D. O. P. A. CNA v. S. RICHTER,, 667 So. 2d 899 (Fla. Dist. Ct. App. 1996)

. . . section 768.81(3) (apportionment of damages) and the set-off statutes (sections 46.015, 768.81, and 768.041 . . .

WELLS, v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC., 659 So. 2d 249 (Fla. 1995)

. . . intent as to the continuing application of the provisions of sections 46.015(2), 768.31(5)(a), and 768.041 . . . Sections 46.015(2), 768.31(5)(a), and 768.041(2) are actually parts of the legislative contribution scheme . . . The underlying purpose of the contribution scheme and sections 46.015(2), 768.31(5)(a), and 768.041(2 . . . of the contribution scheme, including the setoff provisions of sections 46.015(2), 768.31(5)(a), and 768.041 . . . OF HIS APPORTIONED SHARE OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS 768.041 . . . The district court of appeal held that sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes . . . Section 768.041 provides, in pertinent part: (1) A release or covenant not to sue as to one tortfeasor . . . Under section 768.041, a setoff is made “in partial satisfaction of the damages sued for.” Id. . . . Therefore, section 768.041 does not apply to noneconomic damages. . . .

GORDON, v. MARVIN M. ROSENBERG, D. D. S. P. A. M., 654 So. 2d 643 (Fla. Dist. Ct. App. 1995)

. . . Rosenberg could seek a setoff is section 768.041(2), Florida Statutes (1993). In Devlin v. . . . McMannis, 231 So.2d 194, 196 (Fla.1970) the Supreme Court of Florida stated that section 768.041(2) “ . . .

PETERSON J. Co- A. J. v. MORTON F. PLANT HOSPITAL ASSOCIATION, INC. a C. R. N. H. C. N. M., 656 So. 2d 501 (Fla. Dist. Ct. App. 1995)

. . . settlement was the type of agreement that must not be revealed to the jury under sections 46.015 and 768.041 . . . Keller had settled with the plaintiffs for $250,000 prior to trial, then sections 46.015 and 768.041 . . .

JFK MEDICAL CENTER, INC. v. PRICE,, 647 So. 2d 833 (Fla. 1994)

. . . This policy, as documented in sections 768.041(1) and 768.31(5), Florida Statutes, encourages the settlement . . . Section 768.041(1), Florida Statutes (1987), states: (1) A release or covenant not to sue as to one tortfeasor . . .

SAMICK CORPORATION, v. JACKSON,, 645 So. 2d 1095 (Fla. Dist. Ct. App. 1994)

. . . Messingschlager about being sued by ap-pellee, and reminding the jury of this fact, violated section 768.041 . . . 467 So.2d 1000 (Fla.1985), this court stated that mention of a “claim” was not prohibited by section 768.041 . . . (3) and declined to say that mentioning a claim violated the “spirit” of section 768.041(3), as the third . . . However, a violation of section 768.041(3) is subject to a harmless error analysis. Rowe v. . . .

SHOREWOOD PACKAGING CORPORATION, v. COMMERCIAL UNION INSURANCE COMPANY, 865 F. Supp. 1577 (N.D. Ga. 1994)

. . . . § 768.041.”). . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. WELLS,, 634 So. 2d 655 (Fla. Dist. Ct. App. 1994)

. . . More specifically, TMRMC argues, section 768.041(2) provides that when a release has been given “in partial . . . paid for it, whichever is the greater;_” It is important to note that under both statutes, sections 768.041 . . . OF HIS APPORTIONED SHARE OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS 768.041 . . . Section 768.041(2), Florida Statutes (1991), reads: (2) At trial, if any defendant shows the court that . . .

PRICE, v. BEKER, M. D. JFK a, 629 So. 2d 911 (Fla. Dist. Ct. App. 1993)

. . . Section 768.041(1), Florida Statutes (1991), provides: A release or covenant not to sue as to one tortfeasor . . . (Second) of Judgments, section 51, treats consent judgments pretty much the same way that sections 768.041 . . . Judgments as set out above, we believe we are following the lead of the legislature in enacting sections 768.041 . . . with prejudice against a joint tortfeasor as if it were a release for purposes of applying sections 768.041 . . .

SINGLETARY, v. SOUTHEASTERN FREIGHT LINES, INC., 832 F. Supp. 1552 (N.D. Ga. 1993)

. . . . § 768.041. . . . Although the Court of Appeals in Menendez was able to refer specifically to Florida Statutes Annotated § 768.041 . . .

DOSDOURIAN, v. CARSTEN,, 624 So. 2d 241 (Fla. 1993)

. . . or covenant not to sue which was protected from disclosure to the jury by the provisions of section 768.041 . . .

STATE v. ASHLEY,, 621 So. 2d 743 (Fla. Dist. Ct. App. 1993)

. . . The supreme court held in 1975 that section 768.041(1) “abolished the common law rule that a release . . .

ASSOCIATION FOR RETARDED CITIZENS, DADE COUNTY, INC. v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 619 So. 2d 452 (Fla. Dist. Ct. App. 1993)

. . . Pursuant to Section 768.041(2), Florida Statutes (1991), the trial court set-off the jury verdict by . . .

SAFECARE HEALTH CORPORATION, v. RIMER,, 620 So. 2d 161 (Fla. 1993)

. . . First, the district court correctly found that sections 768.041 and 768.31(5), Florida Statutes (1989 . . . Section 768.041, Florida Statutes (1989), reads in part: (1) A release or covenant not to sue as to one . . .

E. KOEBLER, v. KIEFFER,, 621 So. 2d 681 (Fla. Dist. Ct. App. 1993)

. . . See § 768.041, Fla.Stat. (1991). Ms. . . .

ST. MARTIN S EPISCOPAL CHURCH, v. PRUDENTIAL- BACHE SECURITIES, INC., 613 So. 2d 108 (Fla. Dist. Ct. App. 1993)

. . . Appellant makes no contention on this appeal that either section 46.015 or 768.041, Florida Statutes . . .

FLORIDA MINING AND MATERIALS CORP. a v. VAN ANTWERP, E., 601 So. 2d 621 (Fla. Dist. Ct. App. 1992)

. . . Antwerp), less $100,000 (amount derived from settlement with remaining tortfeasors), pursuant to section 768.041 . . .

JONES M. Jr. v. GULF COAST NEWSPAPERS, INC., 595 So. 2d 90 (Fla. Dist. Ct. App. 1992)

. . . 1.250(b) and 1.420(a)(1), their cause of action against Gulf Coast would have been preserved by section 768.041 . . . .-041(1), Florida Statutes (1985), provides: 768.041 Release or covenant not to sue.— (1) A release or . . .

RIMER, v. SAFECARE HEALTH CORPORATION,, 591 So. 2d 232 (Fla. Dist. Ct. App. 1991)

. . . The statute under which the court granted the set-off is Section 768.041, Florida Statutes (1989), which . . . The Estate argues that section 768.041 authorizes a set-off only for a settlement with another tortfeasor . . . involved here — a personal injury action and a wrongful death action— the set-off provisions of sections 768.041 . . . Rather, it asserts, sections 768.041 and 768.31 suggest that set-off may be appropriate whenever the . . . The supreme court noted that the set-off statute, section 768.041(2), was designed to prevent duplicate . . .

BLACK, v. MONTGOMERY ELEVATOR COMPANY,, 581 So. 2d 624 (Fla. Dist. Ct. App. 1991)

. . . However, section 768.041(3), Florida Statutes, which provides that releases or covenants not to sue or . . .

WILLIAMS v. ARAI HIROTAKE, LTD. U. S. A., 931 F.2d 755 (11th Cir. 1991)

. . . . § 768.041(1) (1965), governs the release of negligent tortfeasors: A release or covenant not to sue . . . judgment for Arai, contending that the district court erred in refusing to apply Fla.Stat. §§ 768.81, 768.041 . . . Stat. §§ 768.041(1) and 768.31(5) had abrogated the common law rule that a release of one tortfeasor . . . Supreme Court of Florida in Hurt as follows: The Florida Supreme Court has interpreted [Fla.Stat. § 768.041 . . . extrinsic evidence proves an intent to limit the release, Florida case law holds under Fla.Stat. § 768.041 . . .

W. SPROLES, v. AMERICAN STATES INSURANCE COMPANY,, 578 So. 2d 482 (Fla. Dist. Ct. App. 1991)

. . . the defendant State Farm Mutual Insurance Company as a party, the trial court did not violate section 768.041 . . .

M. KANE, a By A. KANE J. v. PORTWOOD, 573 So. 2d 980 (Fla. Dist. Ct. App. 1991)

. . . . §§ 768.041, 768.-31, Fla.Stat. (1989). . . . Accordingly, Commercial Carrier is entitled only to the remedies available to it under sections 768.041 . . .

S. NAUMAN, M. D. v. EASON, M., 572 So. 2d 982 (Fla. Dist. Ct. App. 1990)

. . . Section 768.041(2), Florida Statutes (1985), provides that, if a defendant shows that a plaintiff has . . .

B. HIATT C. v. UNITED STATES P. P. TSIOTIS, v. UNITED STATES, 910 F.2d 737 (11th Cir. 1990)

. . . . § 768.041(2) (1986). . . . .

ROWE, L. v. LEICHTER, M. D. M. D. M. D. P. A. M. D. d b a s, 561 So. 2d 647 (Fla. Dist. Ct. App. 1990)

. . . Appellant claims that this was a violation of the provisions of Section 768.041, Florida Statutes (1989 . . . Section 768.041(3) further provides: The fact of such a release or covenant not to sue, or that a defendant . . . 1989), the court held that a voluntary dismissal with prejudice of a defendant came within section 768.041 . . .

WILLIAMS, v. ARAI HIROTAKE, LTD. U. S. A., 731 F. Supp. 1557 (S.D. Fla. 1990)

. . . With regard to all tortfeasors, including those who are independently liable, section 768.041(1) provides . . . Virgin referred to the predecessor of § 768.041(1) in ruling that a joint tortfeasor is only pro tanto . . .

L. ROWLAND E. v. A. PATTERSON, M. D. J. M. D. A. M. D. K. M. D. J. M. D., 882 F.2d 97 (4th Cir. 1989)

. . . . §§ 768.041 et seq. (1986) (claimant required by § 768.57 "[p]rior to filing a claim ... . . .

VASQUEZ, O. M. v. BOARD OF REGENTS, STATE FLORIDA, J. M. D., 548 So. 2d 251 (Fla. Dist. Ct. App. 1989)

. . . squarely rejected the argument now advanced by Fernandez and the BOR: “We hold that the act [i.e., section 768.041 . . . or discharge the liability of any other tortfeasor who may be liable for the same tort or death. § 768.041 . . .

ELLIS, v. WEISBROT, D. D. S., 550 So. 2d 15 (Fla. Dist. Ct. App. 1989)

. . . .” § 768.041, Florida Statutes (1987). . . . Section 768.041 prohibits informing the jury that a witness was a prior defendant, whether the party . . .

PUCHNER, v. DREXEL BURNHAM LAMBERT, INC., 544 So. 2d 340 (Fla. Dist. Ct. App. 1989)

. . . Pulido, 492 So.2d 1157 (Fla. 3d DCA 1986); § 768.041(2), Fla. Stat. (1987). . . .

CITY OF JACKSONVILLE, v. OUTLAW,, 538 So. 2d 1360 (Fla. Dist. Ct. App. 1989)

. . . The release executed by plaintiff and her husband is a release as referred to in § 768.041, Fla.Stat. . . . Subsection 2 of § 768.041 provides: At trial, if any defendant shows the court that the plaintiff, or . . .

In SUNRISE SECURITIES LITIGATION, 698 F. Supp. 1256 (E.D. Pa. 1988)

. . . . § 768.041 provides for pro tan-to reduction of non-settling tortfeasors' liability. . . .

PYSZ, v. F. ANDE, M. D., 523 So. 2d 698 (Fla. Dist. Ct. App. 1988)

. . . See § 768.041(2), Fla. Stat. . . .

C. BALSERA Co- C. v. A. B. D. M. P. CORP. d b a a a, 511 So. 2d 679 (Fla. Dist. Ct. App. 1987)

. . . Finally, the trial court denied Fernandez’s motion, pursuant to section 768.041(2), Florida Statutes . . .

J. WHITED v. D. BARLEY, E. R., 506 So. 2d 445 (Fla. Dist. Ct. App. 1987)

. . . Section 768.041, Florida Statutes, provides in relevant part: (2) At trial, if any defendant shows the . . . settlement with Barley for her policy limits of $10,000 was a release within the meaning of section 768.041 . . . And, pursuant to section 768.041, the jury could not be apprised of the fact of the release. . . .

DIONESE, v. CITY OF WEST PALM BEACH,, 500 So. 2d 1347 (Fla. 1987)

. . . A post-trial hearing was held to determine the proper method of set-off as required by section 768.041 . . .