Florida Statute 768.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.041

768.041 Release or covenant not to sue.—

(1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death.

(2) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on her or his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation 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 and enter judgment accordingly.

(3) The fact of such a release or covenant not to sue, or that any defendant has been dismissed by order of the court shall not be made known to the jury.

History.—ss. 1, 2, 3, ch. 57-395; s. 45, ch. 67-254; s. 1158, ch. 97-102.

Note.—Former s. 54.28.

F.S. 768.041 on Google Scholar

F.S. 768.041 on CourtListener

Amendments to 768.041

Annotations, Discussions, Cases:

Cases Citing Statute 768.041

Total Results: 158

Hurt v. Leatherby Ins. Co.

380 So. 2d 432

Supreme Court of Florida | Filed: Feb 14, 1980 | Docket: 2447961

Cited 132 times | Published

Melbourne v. Batchelor, 321 So.2d 73 (Fla. 1975); § 768.041(1) Fla. Stat. (1977). The Uniform Contribution

Wells v. Tallahassee Mem. Med. Center

659 So. 2d 249, 1995 WL 355306

Supreme Court of Florida | Filed: Jun 15, 1995 | Docket: 1241146

Cited 102 times | Published

015 does not apply to noneconomic damages. Section 768.041 provides, in pertinent part: (1) A release

Ward v. Ochoa

284 So. 2d 385

Supreme Court of Florida | Filed: Sep 26, 1973 | Docket: 1426797

Cited 77 times | Published

they may be entitled under the provisions of Section 768.041(2), F.S. Thereafter, plaintiff-appellee shall

Higgins v. State Farm Fire and Cas. Co.

894 So. 2d 5, 2004 WL 2201474

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1768483

Cited 48 times | Published

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

Crosby v. Jones

705 So. 2d 1356, 1998 WL 10585

Supreme Court of Florida | Filed: Jan 15, 1998 | Docket: 1582222

Cited 47 times | Published

this case, this Court had clearly stated that section 768.041(1), Florida Statutes (1973), abolished the

Dosdourian v. Carsten

624 So. 2d 241, 1993 WL 322918

Supreme Court of Florida | Filed: Aug 26, 1993 | Docket: 1517961

Cited 43 times | Published

disclosure to the jury by the provisions of section 768.041(3), Florida Statutes (1989). Dosdourian argues

Webb v. Priest

413 So. 2d 43

District Court of Appeal of Florida | Filed: May 10, 1982 | Docket: 1344352

Cited 33 times | Published

Hammond, had been dropped as defendants. Section 768.041(3), Florida Statutes (1979) provides: The fact

Quinn v. Millard

358 So. 2d 1378

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 1690815

Cited 33 times | Published

parenthetically that plaintiffs' argument that § 768.041 F.S. (1977) precludes admission of the settlement

CA Fielland Inc. v. Fidelity & Cas. Co. of New York

297 So. 2d 122, 1974 Fla. App. LEXIS 6809

District Court of Appeal of Florida | Filed: May 8, 1974 | Docket: 451211

Cited 30 times | Published

offset by the amount of these payments under F.S. § 768.041, F.S.A. See Hertz Corporation v. Hellens, Fla

Maule Industries, Inc. v. Rountree

284 So. 2d 389

Supreme Court of Florida | Filed: Sep 26, 1973 | Docket: 1727800

Cited 27 times | Published

defendant's entitlement to a setoff under F.S. Section 768.041, F.S.A. While this would depend upon the form

State Farm Fire and Casualty Co. v. Higgins

788 So. 2d 992, 2001 WL 6187

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 1286759

Cited 26 times | Published

the Florida Statutes entitled "Negligence," Section 768.041(3), Florida Statutes (2000) provides that "[t]he

Kelly v. Williams

411 So. 2d 902

District Court of Appeal of Florida | Filed: Mar 3, 1982 | Docket: 1327339

Cited 26 times | Published

distinction has been statutorily abrogated. See § 768.041, Fla. Stat. (1979). However, this does point up

Florida Freight Terminals, Inc. v. Cabanas

354 So. 2d 1222

District Court of Appeal of Florida | Filed: Jan 24, 1978 | Docket: 1279729

Cited 26 times | Published

including claims for wrongful death. ..." Section 768.041(2), Florida Statutes, (Supp. 1977) provides:

Florida Tomato Packers v. Wilson

296 So. 2d 536

District Court of Appeal of Florida | Filed: May 7, 1974 | Docket: 910366

Cited 25 times | Published

feasor. We do not agree. It has been held that § 768.041, Florida Statutes, F.S.A., applies to all tort

International Sales-Rentals Leasing Co. v. Nearhoof

263 So. 2d 569

Supreme Court of Florida | Filed: Jun 7, 1972 | Docket: 1318706

Cited 24 times | Published

41,659 involves the question whether F.S. Section 768.041, F.S.A., gives a joint tortfeasor defendant

Devlin v. McMannis

231 So. 2d 194

Supreme Court of Florida | Filed: Feb 4, 1970 | Docket: 1297913

Cited 23 times | Published

estate of John H. McMannis, deceased minor. Section 768.041(2), F.S.A." McMannis v. Devlin at 493-494 of

Maule Industries, Inc. v. Rountree

264 So. 2d 445

District Court of Appeal of Florida | Filed: Jul 11, 1972 | Docket: 1694246

Cited 22 times | Published

defendant's entitlement to a setoff under F.S. Section 768.041, F.S.A. While this would depend upon the form

Dionese v. City of West Palm Beach

500 So. 2d 1347, 55 U.S.L.W. 2479, 12 Fla. L. Weekly 76, 1987 Fla. LEXIS 1408

Supreme Court of Florida | Filed: Jan 22, 1987 | Docket: 2505403

Cited 21 times | Published

the proper method of set-off as required by section 768.041(2), Florida Statutes (1983), which provides:

Florida Power & Light Co. v. MacIas by MacIas

507 So. 2d 1113, 12 Fla. L. Weekly 253

District Court of Appeal of Florida | Filed: Jan 13, 1987 | Docket: 1444977

Cited 21 times | Published

settlement against the verdict, pursuant to section 768.041(2), Florida Statutes (1983). The trial court

JFK Medical Center, Inc. v. Price

647 So. 2d 833, 19 Fla. L. Weekly Supp. 660, 1994 Fla. LEXIS 1965, 1994 WL 708370

Supreme Court of Florida | Filed: Dec 22, 1994 | Docket: 1524818

Cited 20 times | Published

obligor to pay the loss. See § 50(2). [2] Section 768.041(1), Florida Statutes (1987), states: (1) A

Compania Dominicana De Aviacion v. Knapp

251 So. 2d 18

District Court of Appeal of Florida | Filed: Jul 20, 1971 | Docket: 2425325

Cited 20 times | Published

App. 1970, 240 So.2d 828 was violated. See also § 768.041, Fla. Stat., F.S.A. (formerly § 54.28, Fla. Stat

ASHBY DIV. OF CONSOL. ALU. v. Dobkin

458 So. 2d 335

District Court of Appeal of Florida | Filed: Oct 9, 1984 | Docket: 1733315

Cited 19 times | Published

plaintiff before trial. Defendants maintain that Section 768.041(3), Florida Statutes (1983) prohibits such

Allstate Insurance Company v. Chastain

251 So. 2d 354

District Court of Appeal of Florida | Filed: Jun 29, 1971 | Docket: 2567232

Cited 18 times | Published

set-off of the $19,500.00 settlement pursuant to § 768.041(2), Fla. Stat., F.S.A. The appellee has cross-appealed

Gouty v. Schnepel

795 So. 2d 959, 26 Fla. L. Weekly Fed. S 586

Supreme Court of Florida | Filed: Sep 13, 2001 | Docket: 1252464

Cited 17 times | Published

relying upon the setoff statute contained in section 768.041(2), Florida Statutes (1993). However, the decision

Aetna Cas. & Sur. Co. v. Beane

385 So. 2d 1087

District Court of Appeal of Florida | Filed: Jun 18, 1980 | Docket: 1104251

Cited 16 times | Published

relaease of all joint tort-feasors, by virtue of Section 768.041, Florida Statutes (1977), appellant contends

Muhammad v. Toys" R" US, Inc.

668 So. 2d 254, 1996 WL 63246

District Court of Appeal of Florida | Filed: Feb 15, 1996 | Docket: 1290443

Cited 15 times | Published

you should disregard completely, completely. Section 768.041(3), Florida Statutes (1993), prohibits a party

Robert A. Scheib, as Legal Guardian of Carmella Grace Scheib v. Florida Sanitarium and Benevolent Association, Etc., Defendants

759 F.2d 859, 1985 U.S. App. LEXIS 29389

Court of Appeals for the Eleventh Circuit | Filed: May 6, 1985 | Docket: 1126887

Cited 15 times | Published

Garrett ($476,000) pursuant to Fla.Stat. section 768.041(2) (the setoff statute) 4 and section

Ernest Menendez and Theresa Menendez v. Perishable Distributors, Inc., and Edgar Newton Crowe, Jr.

763 F.2d 1374, 2 Fed. R. Serv. 3d 888, 1985 U.S. App. LEXIS 30708

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 1985 | Docket: 496059

Cited 14 times | Published

to one of several joint tortfeasors. Fla.Stat. § 768.041. The statute states that a release of one tortfeasor

Department of Transp. v. Webb

409 So. 2d 1061

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 623297

Cited 14 times | Published

judgments were further reduced pursuant to Section 768.041, Florida Statutes, because of settlement money

Weaver v. Stone

212 So. 2d 80

District Court of Appeal of Florida | Filed: Jun 25, 1968 | Docket: 460638

Cited 14 times | Published

1965, section 54.28, F.S.A. (now F.S. 1967, section 768.041, F.S.A.), which provides that a release of

Saleeby v. Rocky Elson Construction, Inc.

3 So. 3d 1078, 34 Fla. L. Weekly Supp. 106, 2009 Fla. LEXIS 147, 2009 WL 217974

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1653006

Cited 13 times | Published

established the point that the rule of exclusion in section 768.041(3) is not invariably applied in derogation

Barnett Bank of Miami Beach v. Lipp

364 So. 2d 28, 25 U.C.C. Rep. Serv. (West) 783, 1978 Fla. App. LEXIS 16964

District Court of Appeal of Florida | Filed: Oct 17, 1978 | Docket: 2521190

Cited 13 times | Published

appellant's motion for a set-off, pursuant to Section 768.041, Florida Statutes (1977). The set-off of TWO

Sun First National Bank of Melbourne v. Batchelor

321 So. 2d 73, 1975 Fla. LEXIS 4025

Supreme Court of Florida | Filed: Oct 1, 1975 | Docket: 1256570

Cited 13 times | Published

arising out of the same tort, notwithstanding section 768.041 (1), Fla. Stat. (1973). That statute provides:

Nauman v. Eason

572 So. 2d 982, 1990 WL 212126

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 59157

Cited 11 times | Published

the damages awarded by the jury. We agree. Section 768.041(2), Florida Statutes (1985), provides that

Hess v. Walton

898 So. 2d 1046, 2005 WL 597019

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1732243

Cited 10 times | Published

the rule announced in section 768.041, Florida Statutes (2003). Section 768.041 requires the trial court

Ricks v. Loyola

822 So. 2d 502, 2002 WL 1338103

Supreme Court of Florida | Filed: Jun 20, 2002 | Docket: 1757148

Cited 10 times | Published

granting a new trial, the Fourth District stated: Section 768.041(3), Florida Statutes, provides that releases

JR Brooks & Son, Inc. v. Quiroz

707 So. 2d 861, 1998 WL 88185

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 2449042

Cited 10 times | Published

2d DCA 1962) (section 54.28, predecessor to section 768.041 providing for set off, applies to vicarious

Bay Medical Center v. Sapp

535 So. 2d 308, 1988 WL 128265

District Court of Appeal of Florida | Filed: Dec 5, 1988 | Docket: 1306022

Cited 10 times | Published

Florida Statutes (1987) (and its predecessor section 768.41, Florida Statutes (1985)) provides that the

Maser v. Fioretti

498 So. 2d 568, 11 Fla. L. Weekly 2491

District Court of Appeal of Florida | Filed: Nov 26, 1986 | Docket: 1699803

Cited 10 times | Published

verdict for all of them, then by virtue of section 768.041, Florida Statutes (1985),[1] appellant would

Maser v. Fioretti

498 So. 2d 568, 11 Fla. L. Weekly 2491

District Court of Appeal of Florida | Filed: Nov 26, 1986 | Docket: 1699803

Cited 10 times | Published

verdict for all of them, then by virtue of section 768.041, Florida Statutes (1985),[1] appellant would

Gordon v. MARVIN M. ROSENBERG, DDS

654 So. 2d 643, 1995 WL 270677

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 1710315

Cited 9 times | Published

which Dr. Rosenberg could seek a setoff is section 768.041(2), Florida Statutes (1993).[1] In Devlin v

Kay v. Bricker

485 So. 2d 486, 11 Fla. L. Weekly 728

District Court of Appeal of Florida | Filed: Mar 25, 1986 | Docket: 1680772

Cited 9 times | Published

claim. § 768.041(2), Fla. Stat. (1985); Devlin v. McMannis, 231 So.2d 194 (Fla. 1970) (§ 768.041(2) is

Cenvill Communities, Inc. v. Patti

458 So. 2d 778

District Court of Appeal of Florida | Filed: Oct 3, 1984 | Docket: 1733288

Cited 9 times | Published

Limine which the defense counsel violated. Section 768.041, Florida Statutes (1983), states: (1) A release

Builder's Square, Inc. v. Shaw

755 So. 2d 721, 1999 WL 741110

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 1699354

Cited 8 times | Published

disclosed to the jury. He bases his argument on section 768.041 which states in pertinent part that: "(1) A

Safecare Health Corp. v. Rimer

620 So. 2d 161, 18 Fla. L. Weekly Supp. 272, 1993 Fla. LEXIS 745, 1993 WL 142091

Supreme Court of Florida | Filed: May 6, 1993 | Docket: 1722969

Cited 8 times | Published

768.16-.27, Florida Statutes (1989). [2] Section 768.041, Florida Statutes (1989), reads in part: (1)

Jones v. Gulf Coast Newspapers, Inc.

595 So. 2d 90, 1992 WL 9715

District Court of Appeal of Florida | Filed: Jan 24, 1992 | Docket: 1708949

Cited 8 times | Published

their position, the appellants point out that section 768.041(1), Florida Statutes (1985), provides: 768

Dionese v. City of West Palm Beach

485 So. 2d 1361, 11 Fla. L. Weekly 778, 1986 Fla. App. LEXIS 7056

District Court of Appeal of Florida | Filed: Apr 2, 1986 | Docket: 1275818

Cited 8 times | Published

accordance with the set-off procedure set forth in section 768.041(2), Florida Statutes (1983), and represented

Eason v. Lau

369 So. 2d 600

District Court of Appeal of Florida | Filed: Aug 7, 1978 | Docket: 470919

Cited 8 times | Published

Uniform Contribution Among Tortfeasors Act on F.S. 768.041 (chapter 57-395 Laws of Florida). *601 By their

Penza v. Neckles

344 So. 2d 1282

Supreme Court of Florida | Filed: Apr 7, 1977 | Docket: 1517764

Cited 8 times | Published

judgment release as a covenant not to sue. Section 768.041, Florida Statutes, which provides that a release

Sproles v. American States Ins. Co.

578 So. 2d 482, 1991 Fla. App. LEXIS 3772, 1991 WL 61764

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 1525273

Cited 7 times | Published

as a party, the trial court did not violate section 768.041(3), Florida Statutes, which, in effect, provides

Johnson v. United States

780 F.2d 902, 19 Fed. R. Serv. 1434

Court of Appeals for the Eleventh Circuit | Filed: Jan 21, 1986 | Docket: 66212919

Cited 7 times | Published

duty to maintain such a report, Fla.Stat.Ann. § 768.41(l)(d). The report was prepared November 20,1980

Hurt v. Leatherby Ins. Co.

354 So. 2d 918

District Court of Appeal of Florida | Filed: Jan 31, 1978 | Docket: 58789

Cited 7 times | Published

Release, § 19. At the present time, however, Section 768.041, *919 Florida Statutes (1975), provides that

Vucinich v. Ross

893 So. 2d 690, 2005 WL 387541

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 1720659

Cited 6 times | Published

at 507. The supreme court pointed out that section 768.041(3), Florida Statutes, provides that releases

Felgenhauer v. Bonds

891 So. 2d 1043, 2004 WL 2008272

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1349893

Cited 6 times | Published

set-off of settlements in negligence actions. Section 768.041 provides: Release or covenant not to sue.

Rimer v. Safecare Health Corp.

591 So. 2d 232, 1991 WL 116997

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 541323

Cited 6 times | Published

under which the court granted the set-off is Section 768.041, Florida Statutes (1989), which in part provides:

Walker v. U-Haul Company, Inc.

300 So. 2d 289

District Court of Appeal of Florida | Filed: Sep 20, 1974 | Docket: 1729158

Cited 6 times | Published

considered only as a pro tanto release under Section 768.041, F.S. Appellant also relies upon the case of

Leaseco, Inc. v. Bartlett

257 So. 2d 629

District Court of Appeal of Florida | Filed: Dec 16, 1971 | Docket: 1287052

Cited 6 times | Published

against the judgment under provision of F.S. Section 768.041, F.S.A. The order granting this motion has

Cornerstone SMR, Inc. v. Bank of America, N.A.

163 So. 3d 565, 2015 Fla. App. LEXIS 5106, 2015 WL 1545006

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679416

Cited 5 times | Published

for Cornerstone. Because we conclude that section 768.041(2), Florida Statutes (2012), compels a full

Holmes v. Area Glass, Inc.

117 So. 3d 492, 2013 Fla. App. LEXIS 11761, 2013 WL 3853225

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60232699

Cited 5 times | Published

the jury’s question exacerbated the problem. Section 768.041, Florida Statutes (2012), prohibits the admission

Shaw v. Cambridge Integrated Services Group, Inc.

888 So. 2d 58, 2004 WL 2238509

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 1697212

Cited 5 times | Published

strictly limited to the context of set-off under section 768.041, Florida Statutes (1997), and therefore we

Ass'n for Retarded Citizens v. State, Dhrs

619 So. 2d 452, 1993 WL 191944

District Court of Appeal of Florida | Filed: Jun 8, 1993 | Docket: 1721601

Cited 5 times | Published

damages in the amount of $66,500. Pursuant to Section 768.041(2), Florida Statutes (1991), the trial court

Dosdourian v. Carsten

580 So. 2d 869, 1991 WL 86817

District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 1365126

Cited 5 times | Published

participation in the lawsuit. Florida Statutes section 768.041(3) generally provides that releases are not

Balsera v. ABDM & P. CORP.

511 So. 2d 679, 12 Fla. L. Weekly 1948

District Court of Appeal of Florida | Filed: Aug 11, 1987 | Docket: 1338474

Cited 5 times | Published

court denied Fernandez's motion, pursuant to section 768.041(2), Florida Statutes (1985), for setoff based

Green v. Ed Ricke and Sons, Inc.

438 So. 2d 25

District Court of Appeal of Florida | Filed: Jul 19, 1983 | Docket: 1731628

Cited 5 times | Published

the pretrial order, but also the spirit of Section 768.041(3), Florida Statutes (1981), which provides:

Talcott v. Central Bank and Trust Company

247 So. 2d 727

District Court of Appeal of Florida | Filed: Apr 27, 1971 | Docket: 1747741

Cited 5 times | Published

creditor was a release within the purview of F.S. § 768.041 F.S.A. (Formerly F.S. § 54.28, F.S.A.) and not

Nationsbank, Na v. Kpmg Peat Marwick LLP

813 So. 2d 964, 2002 Fla. App. LEXIS 1782, 2002 WL 237760

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 1402932

Cited 4 times | Published

allowing these setoffs, the trial court relied on section 768.041(2), Florida Statutes (2000), and our own decision

Loyola v. Ricks

777 So. 2d 423, 2000 WL 1853932

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 462182

Cited 4 times | Published

overturn an order denying a new trial." Id. Section 768.041(3), Florida Statutes, provides that releases

YELLOW CAB CO. OF ST. PETERSBURG v. Betsey

696 So. 2d 769, 1996 WL 668264

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 1326148

Cited 4 times | Published

where defendants are liable for the same injury. § 768.041, Fla.Stat. (1995). "[T]he settlement proceeds

YELLOW CAB CO. OF ST. PETERSBURG v. Betsey

696 So. 2d 769, 1996 WL 668264

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 1326148

Cited 4 times | Published

where defendants are liable for the same injury. § 768.041, Fla.Stat. (1995). "[T]he settlement proceeds

prod.liab.rep.(cch)p 12,820 Timothy Williams and Lori Williams v. Arai Hirotake, Ltd. And Arai Helmet (u.s.a.), Ltd.

931 F.2d 755, 1991 U.S. App. LEXIS 9791, 1991 WL 66358

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1991 | Docket: 1002532

Cited 4 times | Published

such claim. The second statute, Fla.Stat. § 768.041(1) (1965), governs the release of negligent tortfeasors:

Stephen Bodzo Rlty., Inc. v. Willits Intern. Corp.

405 So. 2d 269

District Court of Appeal of Florida | Filed: Oct 28, 1981 | Docket: 1703948

Cited 4 times | Published

tortfeasors has been expressly changed by statute. § 768.041, Fla. Stat. (1979). It had previously been assumed

Addison Constr. Corp. v. Leo A. Vecellio, Jr., Kathryn C. Vecellio, Dean Desantis, Laura Desantis, Deerfield Builders Supply Co.

240 So. 3d 757

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 64675901

Cited 3 times | Published

procedure title of the Florida Statutes and section 768.041 is located in the torts title. Because the

Daniel v. Morris

181 So. 3d 1195, 2015 Fla. App. LEXIS 18132, 2015 WL 7782828

District Court of Appeal of Florida | Filed: Dec 4, 2015 | Docket: 60252525

Cited 3 times | Published

doctrine is not applicable to this case,6 section 768.041, Florida Statutes (2012), precludes summary

Ruby Saunders, etc. v. Willis Dickens, M.D.

151 So. 3d 434, 39 Fla. L. Weekly Supp. 494, 2014 WL 3361813, 2014 Fla. LEXIS 2153

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400979

Cited 3 times | Published

agreement with the Saunders and, as required by section 768.041(3), Florida Statutes (2003), the jury was not

Vines v. Mathis

867 So. 2d 548, 2004 WL 358679

District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1722543

Cited 3 times | Published

they arose from different claims. See generally § 768.041(2), Fla. Stat. (2001) (allowing for setoffs against

Schnepel v. Gouty

766 So. 2d 418, 2000 WL 1205447

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1330106

Cited 3 times | Published

judgment. (Emphasis supplied.) Similarly, section 768.041(2), Florida Statutes (1997), provides: At trial

Stoever v. Vedder Homes, Inc.

697 So. 2d 1247, 1997 WL 400339

District Court of Appeal of Florida | Filed: Jul 18, 1997 | Docket: 1766892

Cited 3 times | Published

shall not be made known to the jury. [2] Section 768.041(3) provides: The fact of such a release or

Hiatt ex rel. Estate of Hiatt v. United States

910 F.2d 737

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 1990 | Docket: 66255677

Cited 3 times | Published

United States in contribution. See Fla.Stat. § 768.041(2) (1986). . The dangerous instrumentality doctrine

Ellis v. Weisbrot

550 So. 2d 15, 1989 WL 75513

District Court of Appeal of Florida | Filed: Jul 11, 1989 | Docket: 1718320

Cited 3 times | Published

made known to the jury." § 768.041, Florida Statutes (1987). Section 768.041 prohibits informing the jury

Pysz v. Ande

523 So. 2d 698, 1988 WL 28283

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 1517200

Cited 3 times | Published

larger settlement with the codefendants. See § 768.041(2), Fla. Stat. Thus, after the settlement proceeds

Robert E. Owen & Associates, Inc. v. Gyongyosi

433 So. 2d 1023

District Court of Appeal of Florida | Filed: Jun 15, 1983 | Docket: 394843

Cited 3 times | Published

contends that the set-off was appropriate under Section 768.041(2), Florida Statutes (1979). He points to the

Henry v. Beacon Ambulance Serv. Inc.

424 So. 2d 914

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 1297100

Cited 3 times | Published

jury of the settlement with Enick violated Section 768.041(3), Florida Statutes (1981), which states:

Associated Medical Inst., Inc. v. Trube

394 So. 2d 563

District Court of Appeal of Florida | Filed: Mar 3, 1981 | Docket: 2544707

Cited 3 times | Published

1.280(b)(2). There is no conflict between Section 768.41(4), Fla. Stat. (1979) and Fla.R.Civ.P. 1.280(b)(2)

Leisure Group, Inc. v. Williams

351 So. 2d 374

District Court of Appeal of Florida | Filed: Oct 26, 1977 | Docket: 1671672

Cited 3 times | Published

judgment returned in favor of the plaintiff. Section 768.041(2), Florida Statutes (1975). It is not necessary

Harrison Ex Rel. Harrison v. McDonough Power Equipment, Inc.

381 F. Supp. 926, 1974 U.S. Dist. LEXIS 7968

District Court, S.D. Florida | Filed: Jun 21, 1974 | Docket: 1834043

Cited 3 times | Published

notwithstanding the verdict is denied. NOTES [1] Florida Statute 768.041(2), F.S.A. [2] See, e.g., Larsen v. General

John Robert Sebo v. American Home Assurance Company, Inc.

208 So. 3d 694, 41 Fla. L. Weekly Supp. 582, 2016 Fla. LEXIS 2596

Supreme Court of Florida | Filed: Dec 1, 2016 | Docket: 4546942

Cited 2 times | Published

to offset the judgment. Saleeby held that section 768.041, Florida Statutes, which bars disclosure to

Harris v. Grunow

71 So. 3d 186, 2011 Fla. App. LEXIS 15285, 2011 WL 4467379

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 2356331

Cited 2 times | Published

768.041 and 90.408, Florida Statutes (2010). Section 768.041(3) ordinarily prohibits the disclosure to the

State Farm Mut. Auto. Ins. Co. v. Williams

943 So. 2d 997, 2006 Fla. App. LEXIS 21353, 2006 WL 3613174

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1527016

Cited 2 times | Published

mistrial, citing as support for its decision section 768.041(3), Florida Statutes, Muhammad v. Toys "R"

Broz v. Rodriguez

891 So. 2d 1205, 2005 WL 236176

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 1350010

Cited 2 times | Published

tortfeasors. We find that the trial acted properly. Section 768.041(1) Florida Statutes (1999), provides: A release

TERRY PLUMBING & HOME SERVICES v. Berry

900 So. 2d 581, 2004 Fla. App. LEXIS 14986, 2004 WL 2290630

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 463110

Cited 2 times | Published

that it was entitled to a set-off pursuant to section 768.041(2), Florida Statutes, because Mr. Berry reached

Anderson v. Ewing

768 So. 2d 1161, 2000 Fla. App. LEXIS 11716, 2000 WL 1283810

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 64800867

Cited 2 times | Published

id. at 104. Therefore, in accordance with section 768.041(2), Florida Statutes (1997), and Devlin v.

Baudo v. BON SECOURS HOSPITAL/VILLA

684 So. 2d 211

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1740816

Cited 2 times | Published

was improvidently entered and is reversed. Section 768.041, Florida Statutes (1991), provides in part:

Lauth v. OLSTEN HOME HEALTHCARE

678 So. 2d 447, 1996 WL 446742

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 2551359

Cited 2 times | Published

rendering judgment and enter judgment accordingly." § 768.041(2), Fla. Stat. (1993). We, therefore, hold that

Williams v. Arai Hirotake, Ltd.

731 F. Supp. 1557, 1990 U.S. Dist. LEXIS 2591, 1990 WL 26140

District Court, S.D. Florida | Filed: Feb 16, 1990 | Docket: 1743756

Cited 2 times | Published

including those who are independently liable, section 768.041(1) provides: A release or covenant not to sue

Vasquez v. Board of Regents, State of Fla.

548 So. 2d 251, 1989 WL 76425

District Court of Appeal of Florida | Filed: Jul 12, 1989 | Docket: 1699092

Cited 2 times | Published

and the BOR: "We hold that the act [i.e., section 768.041(1), Florida Statutes] applies to all tortfeasors

COUSINS CONST. v. Black, Crow & Eidsness, Inc.

488 So. 2d 838

District Court of Appeal of Florida | Filed: Apr 9, 1986 | Docket: 1685399

Cited 2 times | Published

Gyongyosis. After dismissing the applicability of section 768.041(2), Florida Statutes (1979), because Owen and

North Broward Hosp. Dist. v. Judson

439 So. 2d 946

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 944358

Cited 2 times | Published

These reports are specifically dealt with in Section 768.41(4), *947 Florida Statutes (1981). We deny certiorari

Panama City-Bay County Airport & Industrial District v. Kellogg Brown & Root Services, Inc.

140 So. 3d 1112, 2014 WL 2772646, 2014 Fla. App. LEXIS 9238

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60241368

Cited 1 times | Published

Stat. (2012) (emphasis added); see also id. § 768.041(3) (applying the same prohibition to tort claims)

Bern v. Camejo

168 So. 3d 232, 2014 WL 54830, 2014 Fla. App. LEXIS 179

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60248621

Cited 1 times | Published

as a defendant in the case, in violation of section 768.041(3), Florida Statutes (2012). For the reasons

Hughes v. Enterprise Leasing Co.

831 So. 2d 1240, 2002 Fla. App. LEXIS 18194, 2002 WL 31769189

District Court of Appeal of Florida | Filed: Dec 12, 2002 | Docket: 64819381

Cited 1 times | Published

award of compensatory damages. We reverse. Section 768.041(2), Florida Statutes (2000), provides that

Terri Van Winkle, PA v. Johnston

813 So. 2d 1065, 2002 Fla. App. LEXIS 5130, 2002 WL 649067

District Court of Appeal of Florida | Filed: Apr 22, 2002 | Docket: 1725779

Cited 1 times | Published

defendant was entitled to a setoff on the basis of section 768.041(2), Florida Statutes, and the case did not

Amerada Hess Corp. v. Federated Department Stores, Inc.

782 So. 2d 445, 2001 WL 245759

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 456506

Cited 1 times | Published

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

Amerada Hess Corp. v. Federated Department Stores, Inc.

782 So. 2d 445, 2001 WL 245759

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 456506

Cited 1 times | Published

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

MENDEZ EX REL. MENDEZ v. Simon

739 So. 2d 101, 1999 WL 89674

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 2451687

Cited 1 times | Published

against Dulce Lopez. We agree with Adaly. Section 768.041 provides: At trial, if any defendant shows

TALLAHASSEE MEMORIAL MED. CTR. v. Wells

634 So. 2d 655

District Court of Appeal of Florida | Filed: Mar 14, 1994 | Docket: 474337

Cited 1 times | Published

Associates. More specifically, TMRMC argues, section 768.041(2) provides that when a release has been given

Black v. Montgomery Elevator Co.

581 So. 2d 624, 1991 Fla. App. LEXIS 5150, 1991 WL 93529

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 64659583

Cited 1 times | Published

372 So.2d 1156 (Fla. 1st DCA 1979). However, section 768.041(3), Florida Statutes, which provides that releases

Process Masters, Inc. v. Alpha III Ltd. Partnership

477 So. 2d 69, 10 Fla. L. Weekly 2428, 1985 Fla. App. LEXIS 16559

District Court of Appeal of Florida | Filed: Oct 30, 1985 | Docket: 64614830

Cited 1 times | Published

Plumbing Co., et al., 474 So.2d 212 (Fla.1985). Section 768.041(2), Fla.Stat. directs that a court shall set

Ashby Division of Consolidated Aluminum Corp. v. Dobkin

458 So. 2d 335, 9 Fla. L. Weekly 2180, 1984 Fla. App. LEXIS 15345

District Court of Appeal of Florida | Filed: Oct 9, 1984 | Docket: 64607805

Cited 1 times | Published

plaintiff before trial. Defendants maintain that Section 768.041(3), Florida Statutes (1983) prohibits such

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

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369906

Published

co-defendants. See § 46.015, Fla. Stat. (2023); § 768.041, Fla. Stat. (2023); Cornerstone SMR, Inc. v. Bank

YSC Florida, LLC v. Jeanne S. Siegel

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68490733

Published

2d 69, 69 (Fla. 1st DCA 1985) (discussing section 768.041(2), Florida Statutes); see also Centex-Rooney

Alberta S. Ellison v. Randy Willoughby

Supreme Court of Florida | Filed: Nov 2, 2023 | Docket: 67938299

Published

bad faith claim subject to setoff under section 768.041(2) or a collateral source within the meaning

BUREK, INC., D/B/A PINCH A PENNY A/K/A SOUTH TAMPA POOL & SERVICES, AND JOHN L. BUREK, JR v. THE ESTATE OF GEORGE WILLIAMS GAGE, I I I

District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 67840483

Published

rendering judgment." (emphasis added)); § 768.041(2), Fla. Stat. (2022) ("At trial, if any

BUREK, INC. D/B/A PINCH A PENNY A/K/A SOUTH TAMPA POOL & SERVICES JOHN L. BUREK, JR. v. THE ESTATE OF GEORGE WILLIAMS GAGE, I I I, BY AND THROUGH SUSAN L. GAGE PERSONAL REPRESENTATIVE

District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 67840484

Published

rendering judgment." (emphasis added)); § 768.041(2), Fla. Stat. (2022) ("At trial, if any

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually and as Personal Representative of the ESTATE OF GLORIA H. GORE

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881548

Published

neither section 46.015, Fla. Stat. (2020), nor section 768.041, Fla. Stat. (2020), entitled appellant to a

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually and as Personal Representative of the ESTATE OF GLORIA H. GORE

District Court of Appeal of Florida | Filed: Apr 13, 2022 | Docket: 63232488

Published

4th DCA 2003). “The set- off provision in section 768.041(2) ‘was designed to prevent duplicate or overlapping

HEALTHCARE UNDERWRITERS GROUP, INC., AMARNATH VEDERE, M.D. and CARDIOLOGY PARTNERS, P.L. v. DEBORAH SANFORD, as Personal Representative of the ESTATE OF GERALD L. SANFORD

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198516

Published

advised of a settling defendant in violation of section 768.041(3), Florida Statutes (2020), and a new trial

AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANG

District Court of Appeal of Florida | Filed: Feb 3, 2021 | Docket: 59056698

Published

aspects of the relevant setoff statutes. Section 768.041(2), Florida Statutes, provides, in pertinent

DEAN DESANTIS and LAURA DESANTIS v. LEO A. VECELLIO, JR.

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340899

Published

and 8 section 768.041 is located in the torts title. Because the

Escadote I Corp. v. Ocean Three Limited Partnership

211 So. 3d 1059, 2016 WL 7403660, 2016 Fla. App. LEXIS 18677

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555836

Published

collateral recoveries are available pursuant to section 768.041(2), Florida Statutes (2010). The statute specifies

Kapila v. Warburg Pincus, LLC (In re Universal Health Care Group, Inc.)

560 B.R. 594

United States Bankruptcy Court, M.D. Florida | Filed: May 9, 2016 | Docket: 65789285

Published

2d 700, 704-05 (D. Del. 2012). Pursuant to section 768.041(1), Fla. Stat., a "release or covenant not

Youngblood v. Villanueva

141 So. 3d 600, 2014 WL 2117874, 2014 Fla. App. LEXIS 7688

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241959

Published

trial court when it rendered judgment. . Section 768.041(2) contains slightly different terminology

Brook v. Chase Bank (USA), N.A. (In re Acosta-Garriga)

506 B.R. 149

District Court, M.D. Florida | Filed: Jul 1, 2013 | Docket: 65516739

Published

non-economic damages in medical malpractice actions); § 768.041 (governing setoff for a covenant not to sue in

Griffin v. ELLIS ALUMINUM & SCREEN, INC.

30 So. 3d 714, 2010 Fla. App. LEXIS 4204, 2010 WL 1222761

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 465709

Published

a party and had settled. We do not agree. Section 768.041(3), Florida Statutes (2007), prohibits anyone

Lincoln Ins. Co. v. Home Emergency Services, Inc.

812 So. 2d 433, 2001 WL 37808

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1364099

Published

spoliation, which is that "only for purposes of section 768.041, the spoliation claim is the same tort for

John Caddell Construction Co. v. Mendez

742 So. 2d 425, 1999 Fla. App. LEXIS 12196, 1999 WL 729041

District Court of Appeal of Florida | Filed: Sep 13, 1999 | Docket: 64791394

Published

the same; thus, in our view, a setoff under section 768.041(2), Florida Statutes, was not appropriate.

Mitchell v. Realty Source Inc.

740 So. 2d 39, 1999 Fla. App. LEXIS 3978, 1999 WL 169503

District Court of Appeal of Florida | Filed: Mar 30, 1999 | Docket: 64790560

Published

whether a set-off is appropriate pursuant to § 768.041(2), Florida Statutes, to preclude a second recovery

Smith v. State Farm Mutual Automobile Insurance Co.

691 So. 2d 1127, 1997 Fla. App. LEXIS 3123, 1997 WL 148726

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 64772515

Published

operated to discharge Smith from the action. See § 768.041(1), Fla.Stat (1995); Sun First Nat’l Bank v. Batchelor

Baudo v. Bon Secours Hospital/Villa Maria Nursing Center

684 So. 2d 211, 1996 Fla. App. LEXIS 11906, 1996 WL 661740

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 64769525

Published

was improvidently entered and is reversed. Section 768.041, Florida Statutes (1991), provides in part:

Florida Corvette Calipers, Inc. v. Cincinnati Milacron Marketing Co.

670 So. 2d 1203, 1996 Fla. App. LEXIS 3561, 1996 WL 165409

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64763552

Published

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

Samick Corp. v. Jackson

645 So. 2d 1095, 1994 Fla. App. LEXIS 11513, 1994 WL 665719

District Court of Appeal of Florida | Filed: Nov 30, 1994 | Docket: 64752364

Published

reminding the jury of this fact, violated section 768.041(3), Florida Statutes (1991), which provides:

Price v. Beker

629 So. 2d 911, 1993 WL 492536

District Court of Appeal of Florida | Filed: Jan 27, 1994 | Docket: 1264001

Published

operates to release all other tortfeasors. Section 768.041(1), Florida Statutes (1991), provides: A release

State v. Ashley

621 So. 2d 743, 1993 Fla. App. LEXIS 6735, 1993 WL 221406

District Court of Appeal of Florida | Filed: Jun 25, 1993 | Docket: 64697785

Published

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

Koebler v. Kieffer

621 So. 2d 681, 1993 Fla. App. LEXIS 3653, 1993 WL 95671

District Court of Appeal of Florida | Filed: Apr 2, 1993 | Docket: 64697749

Published

damages ultimately recovered from Mr. Kieffer. See § 768.041, Fla.Stat. (1991). Ms. Koebler and Kimberly Kieffer

Florida Mining & Materials Corp. v. Van Antwerp

601 So. 2d 621, 1992 Fla. App. LEXIS 6759, 1992 WL 143655

District Court of Appeal of Florida | Filed: Jun 24, 1992 | Docket: 64668670

Published

settlement with remaining tortfeasors), pursuant to section 768.041(2), Florida Statutes (1989). Reversed and remanded

Rowe v. Leichter

561 So. 2d 647, 1990 Fla. App. LEXIS 3109, 1990 WL 58555

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 64650741

Published

this was a violation of the provisions of Section 768.041, Florida Statutes (1989). This section provides

Dade County Public Health Trust v. Parker

551 So. 2d 532, 14 Fla. L. Weekly 2189, 1989 Fla. App. LEXIS 5080, 1989 WL 106776

District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 64645909

Published

inadmissible in evidence, as urged below, under Section 768.41(4), Florida Statutes (1981), which provides:

Puchner v. Drexel Burnham Lambert, Inc.

544 So. 2d 340, 1989 Fla. App. LEXIS 3314, 1989 WL 62742

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 64642906

Published

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

City of Jacksonville v. Outlaw

538 So. 2d 1360, 14 Fla. L. Weekly 544, 1989 Fla. App. LEXIS 998, 1989 WL 15904

District Court of Appeal of Florida | Filed: Feb 28, 1989 | Docket: 64640722

Published

and her husband is a release as referred to in § 768.041, Fla.Stat., and the provisions of that section

Whited v. Barley

506 So. 2d 445, 12 Fla. L. Weekly 927, 1987 Fla. App. LEXIS 7493

District Court of Appeal of Florida | Filed: Apr 6, 1987 | Docket: 64626836

Published

justi-ciable issues with regard to Barley. Section 768.041, Florida Statutes, provides in relevant part:

Volkswagen of America, Inc. v. Emerson

466 So. 2d 346, 10 Fla. L. Weekly 575, 1985 Fla. App. LEXIS 12775

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 64610939

Published

release only for the purpose *348of applying section 768.041(2), Florida Statutes. The same rationale applies

Theodorou v. Burling

438 So. 2d 400, 1983 Fla. App. LEXIS 24424

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 64599811

Published

Mediation Act. An exemption to the Act, set forth in § 768.41 [sic] (10), provided that the requirement that

Publix Super Markets, Inc. v. Moton

433 So. 2d 71, 1983 Fla. App. LEXIS 19675

District Court of Appeal of Florida | Filed: Jun 22, 1983 | Docket: 64597623

Published

1982, Publix moved for a setoff pursuant to section 768.041(2), Florida Statutes (1981). The trial court

City of Hialeah v. Calderon

430 So. 2d 566, 1983 Fla. App. LEXIS 19298

District Court of Appeal of Florida | Filed: May 3, 1983 | Docket: 64596740

Published

and asserted the defense of set-off pursuant to § 768.041, Florida Statutes, (1979). The cause went to trial

Webb v. Priest

413 So. 2d 43, 1982 Fla. App. LEXIS 19428

District Court of Appeal of Florida | Filed: Mar 9, 1982 | Docket: 64589564

Published

Hammond, had been dropped as defendants. Section 768.041(3), Florida Statutes (1979) provides: The fact

Calhoun v. Lee

405 So. 2d 1067, 1981 Fla. App. LEXIS 21698

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 64586081

Published

is the release of all. That is not so and section 768.041(1), Florida Statutes (1979), is applicable

Madden v. Rodovich

367 So. 2d 1083, 1979 Fla. App. LEXIS 14114

District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 64568722

Published

settlement. The trial court denied the motion. Florida Statute 768.041 requires a set-off of any settlement against

Port Royale Apartments v. Delnick

358 So. 2d 269, 1978 Fla. App. LEXIS 15873

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 64564282

Published

the adjacent apartment building. Pursuant to Section 768.041(2), Florida Statutes (1977), which provides

Insurance Co. of North America v. Edmondson

354 So. 2d 887, 1977 Fla. App. LEXIS 17294

District Court of Appeal of Florida | Filed: Dec 21, 1977 | Docket: 64562611

Published

liability, is a joint tortfeasor, so that Section 768.041(2), Florida Statutes (1975) is applicable and

Cline v. Gilmore

314 So. 2d 237, 1975 Fla. App. LEXIS 13737

District Court of Appeal of Florida | Filed: Jun 17, 1975 | Docket: 64547232

Published

Caraway v. Sain, N.D.Fla.1959, 23 F.R.D. 657; § 768.041, Fla.Stat.

Miller v. Esca Rosa Development Corp.

284 So. 2d 227, 1973 Fla. App. LEXIS 6468

District Court of Appeal of Florida | Filed: Oct 23, 1973 | Docket: 64535008

Published

1970), are in conflict with the intent of F.S. § 768.041, F.S.A., and that this Court should recede from

Ryan v. Gladwell

265 So. 2d 63, 1972 Fla. App. LEXIS 6366

District Court of Appeal of Florida | Filed: Aug 1, 1972 | Docket: 64527061

Published

splitting of the cause of action. See Fla.Stat. § 768.041, F.S.A.; Jacksonville Terminal Company v. Misak

Ward v. Ochoa

271 So. 2d 173, 1972 Fla. App. LEXIS 5678

District Court of Appeal of Florida | Filed: Jul 11, 1972 | Docket: 64529608

Published

may be entitled under the provisions of F.S. Section 768.041(2), F.S.A. Thereafter, plaintiff-appellee shall

Nearhoof v. International Sales-Rentals Leasing Co.

251 So. 2d 717, 1971 Fla. App. LEXIS 6212

District Court of Appeal of Florida | Filed: Jun 29, 1971 | Docket: 64521835

Published

appeals concerning the right to a set-off under § 768.041, Fla.Stat., F.S.A.1 and to subrogation under Florida’s

Thompson v. Haynes

249 So. 2d 69, 1971 Fla. App. LEXIS 6343

District Court of Appeal of Florida | Filed: Jun 10, 1971 | Docket: 64520868

Published

Section 54.28(1), Florida Statutes, now numbered Section 768.041, Florida Statutes, F.S.A. See Adler v. Segal

Flowers v. Miskoff

233 So. 2d 201, 1970 Fla. App. LEXIS 6660

District Court of Appeal of Florida | Filed: Mar 4, 1970 | Docket: 64513812

Published

supra. And it is not saved by the terms of Section 768.041, F.S.1967, F.S.A.1. The clear wording of this

Thomas Air Conditioning & Refrigeration Co. v. Bankston ex rel. Bankston

231 So. 2d 272, 1970 Fla. App. LEXIS 6922

District Court of Appeal of Florida | Filed: Jan 20, 1970 | Docket: 64513122

Published

defendants from the cause prior to trial. By virtue of § 768.041 Fla.Stat., F.S.A., regardless of the name or term

La Rosa v. Fernandez

227 So. 2d 320, 1969 Fla. App. LEXIS 5082

District Court of Appeal of Florida | Filed: Oct 28, 1969 | Docket: 64511793

Published

a set-off, pursuant to Fla.Stat. § 54.28, now § 768.041, F.S.A. On December 23, 1968, the trial judge

McMannis v. Devlin

222 So. 2d 492, 1969 Fla. App. LEXIS 5845

District Court of Appeal of Florida | Filed: May 7, 1969 | Docket: 64509776

Published

action and is not a party in this appeal. Section 768.041, F.S.A. The settlement was in the total amount