Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 768.31 | Lawyer Caselaw & Research
F.S. 768.31 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 768.31

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
F.S. 768.31
768.31 Contribution among tortfeasors.
(1) SHORT TITLE.This act shall be cited as the “Uniform Contribution Among Tortfeasors Act.”
(2) RIGHT TO CONTRIBUTION.
(a) Except as otherwise provided in this act, when two or more persons become jointly or severally liable in tort for the same injury to person or property, or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
(b) The right of contribution exists only in favor of a tortfeasor who has paid more than her or his pro rata share of the common liability, and the tortfeasor’s total recovery is limited to the amount paid by her or him in excess of her or his pro rata share. No tortfeasor is compelled to make contribution beyond her or his own pro rata share of the entire liability.
(c) There is no right of contribution in favor of any tortfeasor who has intentionally (willfully or wantonly) caused or contributed to the injury or wrongful death.
(d) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement or in respect to any amount paid in a settlement which is in excess of what was reasonable.
(e) A liability insurer who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.
(f) This act does not impair any right of indemnity under existing law. When one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of her or his indemnity obligation.
(g) This act shall not apply to breaches of trust or of other fiduciary obligation.
(3) PRO RATA SHARES.In determining the pro rata shares of tortfeasors in the entire liability:
(a) Their relative degrees of fault shall be the basis for allocation of liability.
(b) If equity requires, the collective liability of some as a group shall constitute a single share.
(c) Principles of equity applicable to contribution generally shall apply.
(4) ENFORCEMENT.
(a) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
(b) When a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants, by motion upon notice to all parties to the action.
(c) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by her or him to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review.
(d) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the tortfeasor’s right of contribution is barred unless she or he has either:
1. Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against her or him and has commenced her or his action for contribution within 1 year after payment, or
2. Agreed, while action is pending against her or him, to discharge the common liability and has within 1 year after the agreement paid the liability and commenced her or his action for contribution.
(e) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(f) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
(5) RELEASE OR COVENANT NOT TO SUE.When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and,
(b) It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
(6) UNIFORMITY OF INTERPRETATION.This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
(7) PENDING CAUSES OF ACTION.This act shall apply to all causes of action pending on June 12, 1975, wherein the rights of contribution among joint tortfeasors is involved and to cases thereafter filed.
History.ss. 1, 4, ch. 75-108; s. 1, ch. 76-186; s. 1171, ch. 97-102.

F.S. 768.31 on Google Scholar

F.S. 768.31 on Casetext

Amendments to 768.31


Arrestable Offenses / Crimes under Fla. Stat. 768.31
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.31.



Annotations, Discussions, Cases:

Cases from cite.case.law:

THORNTON, C. T. a v. CHRONISTER,, 309 F. Supp. 3d 1196 (M.D. Fla. 2018)

. . . Such claim is for contribution pursuant to s. 768.31, it must be so presented within 6 months after the . . .

LIBERTY MUTUAL FIRE INSURANCE COMPANY L. C. L. C. f u b o v. WAL- MART STORES EAST, LP, 269 F. Supp. 3d 1254 (M.D. Fla. 2017)

. . . . § 768.31(e). . . . Id. § 768.31(a). . . .

HOLMES REGIONAL MEDICAL CENTER, INC. v. ALLSTATE INSURANCE COMPANY,, 225 So. 3d 780 (Fla. 2017)

. . . (creating § 768.31, Fla. Stat. (1975)). . . .

ZURICH AMERICAN INSURANCE COMPANY, v. SOUTHERN- OWNERS INSURANCE COMPANY,, 248 F. Supp. 3d 1268 (M.D. Fla. 2017)

. . . for contribution on the ground that “‘contribution is exclusively a statutory remedy’ ” under section 768.31 . . . Stat. § 768.31(2)(a); see also State Nat’l Ins. Co. v. . . . Although under section 768.31 “[cjontribution is only available to joint tortfeasors,” see Dade Cnty. . . . Stat. 768.31.” See Response at 17. . . .

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

. . . because the non-settling tortfeasors lose their right to settle, thus frustrating the purpose of section 768.31 . . .

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 . . .

GROVE KEY MARINA, LLC s LLC, v, CASAMAYOR, v., 166 So. 3d 879 (Fla. Dist. Ct. App. 2015)

. . . See § 768.31(2), Fla. Stat. (2013). . . .

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

. . . Stat. (2012) (containing materially identical language); see also § 768.31(5), Fla. . . .

ASSA COMPA IA DE SEGUROS, S. A. v. CODOTRANS, INC. v., 15 F. Supp. 3d 1271 (S.D. Fla. 2014)

. . . . § 768.31(2)) (alteration added)). . . . Florida Statute section 768.31, the statute providing for statutory contribution, limits the availability . . . Stat. § 768.31; cf. Lapidus v. Citizens Fed. . . . Stat. § 768.31 is “expressly restricted to torts” and thus inapplicable to damages on account of a breach . . . Under Florida Statute section 768.31, Codotrans cannot seek compensation from Murano for any damages . . .

MARTINEZ, v. MIAMI- DADE COUNTY,, 975 F. Supp. 2d 1293 (S.D. Fla. 2013)

. . . Miami-Dade County is entitled to contribution from Blue Martini pursuant to Florida Statutes, section 768.31 . . .

MAPLEWOOD PARTNERS, L. P. L. P. LLC, v. INDIAN HARBOR INSURANCE COMPANY,, 295 F.R.D. 550 (S.D. Fla. 2013)

. . . . § 768.31 for contribution (among tortfeasors) toward a settlement-when such statutoiy-based action . . .

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

. . . . § 768.31 (governing contri-button among tort defendants). . . .

ORTIZ, v. REGALADO, Sr. Jr. a Sr. Sr., 113 So. 3d 57 (Fla. Dist. Ct. App. 2013)

. . . his argument based on the doctrine of contribution among joint tortfeasors, as provided in section 768.31 . . . B.The Statute, Section 768.31 To begin our discussion, we quote the portions of section 768.31 relevant . . . See § 768.31(2)(a). . . . See § 768.31(4)(a), (c). . . .

CLAUDIO a k a v. REGALADO, Sr. Jr. a Sr. Sr., 116 So. 3d 451 (Fla. Dist. Ct. App. 2013)

. . . Regalado for contribution pursuant to section 768.31. . . . The Uniform Contribution Among Tortfeasors Act Section 768.31, Florida Statutes The relevant portions . . . Discussion Based on section 768.31, Mr. Claudio argues that because Mrs. . . . See § 768.31(2)(a). . . . See § 768.31(4)(a), (c). The Regala-dos submit that under the posture of this case, Mr. . . .

TRAPPER JOHN ANIMAL CONTROL, INC. v. M. GILLIARD, M. D., 96 So. 3d 461 (Fla. Dist. Ct. App. 2012)

. . . brought under Florida’s Uniform Contribution Among Tortfeasors Act (“the Contribution Act”), section 768.31 . . . Section 768.31(2)(a), Florida Statutes (2003), provides: “[Wjhen two or more persons become jointly or . . . tortfeasor whose liability for the ... wrongful death is not extinguished by the settlement....” § 768.31 . . . wrongful death, the release does not discharge any of the other tortfeasors unless its terms so provide. § 768.31 . . .

HEALTHCARE STAFFING SOLUTION, INC. v. WILKINSON, H. A., 86 So. 3d 519 (Fla. Dist. Ct. App. 2012)

. . . Section 768.31 does not define the phrase “entire liability.” . . . Nor was that phrase defined in the Uniform Act on which section 768.31 was based. . . . One purpose of section 768.31 was to encourage settlement and avoid lengthy litigation of claims. . . . See § 768.31(2)(b), Fla. . . . See, e.g., § 768.31(3)(c), Fla. Stat.; F.H.W & C., Inc. v. Am. . . .

In PHOENIX DIVERSIFIED INVESTMENT CORPORATION, A. v. LLC H. P. L. CCIP LLC,, 439 B.R. 231 (Bankr. S.D. Fla. 2010)

. . . Trustee argues that he is not seeking contribution in this action and, therefore, Florida Statutes § 768.31 . . .

KLEIN HEUCHAN, INC. v. COSTAR REALTY INFORMATION, INC., 707 F. Supp. 2d 1287 (M.D. Fla. 2010)

. . . Florida Statute § 768.31(5) states: (5) Release or covenant not to sue.— When a release or a covenant . . .

ZEIGER CRANE RENTALS, INC. v. DOUBLE A INDUSTRIES, INC. a P. F. a, 16 So. 3d 907 (Fla. Dist. Ct. App. 2009)

. . . The right to seek contribution is statutory, and is found in section 768.31(2)(a), Florida Statutes: . . .

T S ENTERPRISES HANDICAP ACCESSIBILITY, INC. a v. WINK INDUSTRIAL MAINTENANCE REPAIR, INC. a L. K. a, 11 So. 3d 411 (Fla. Dist. Ct. App. 2009)

. . . the Florida Legislature abolished joint and several liability for joint tortfeasors and that section 768.31 . . . All of these cases, however, were decided before the current version of section 768.31 was enacted. . . .

VILLA MARIA NURSING AND REHABILITATION CENTER, INC. v. SOUTH BROWARD HOSPITAL DISTRICT d b a, 8 So. 3d 1167 (Fla. Dist. Ct. App. 2009)

. . . appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31 . . .

HEALTHCARE STAFFING SOLUTIONS, INC. v. WILKINSON, WILKINSON, H. A., 5 So. 3d 726 (Fla. Dist. Ct. App. 2009)

. . . finding it liable to University Medical Center (“UMC”) in an action for contribution under section 768.31 . . . is compelled to make contribution beyond her or his own pro rata share of the entire liability.” § 768.31 . . . entire liability: (a) Their relative degrees of fault shall be the basis for allocation of liability. § 768.31 . . . Naturally, then, the “entire liability” as used in section 768.31(2)(b) refers to the responsibility . . . enter judgment against each party liable on the basis of such party’s percentage of fault”) with § 768.31 . . .

PERERA, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a, 544 F.3d 1271 (11th Cir. 2008)

. . . . § 768.31(2) (West 2000). . . .

SONCOAST COMMUNITY CHURCH OF BOCA RATON, INC. v. TRAVIS BOATING CENTER OF FLORIDA, INC., 981 So. 2d 654 (Fla. Dist. Ct. App. 2008)

. . . See § 768.31(2)(d), Fla. Stat. . . .

LEDERER, v. ORLANDO UTILITIES COMMISSION,, 981 So. 2d 521 (Fla. Dist. Ct. App. 2008)

. . . appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31 . . .

P. SHAH v. BLAND, 973 So. 2d 1188 (Fla. Dist. Ct. App. 2008)

. . . See § 768.31, Fla. Stat. (2001). . . .

UNITED STATES FIDELITY GUARANTY COMPANY, v. LIBERTY SURPLUS INSURANCE CORPORATION v. Co. St., 485 F. Supp. 2d 1326 (M.D. Fla. 2007)

. . . contention that it and Liberty Surplus are not joint tortfea-sors, as required by Florida Statute § 768.31 . . .

L. HUET v. MIKE SHAD FORD, INC., 915 So. 2d 723 (Fla. Dist. Ct. App. 2005)

. . . that are adjudged to be due in excess of the Huets’ pro rata share of liability, pursuant to section 768.31 . . .

TWIN CITY FIRE INSURANCE CO. Co. J. C. v. FIREMAN S FUND INSURANCE CO. s Co. v. J. C. Co. Co., 386 F. Supp. 2d 1272 (S.D. Fla. 2005)

. . . . § 768.31(4)(d); and (2) there can be no action for contribution when a joint tortfeasor settles but . . .

AMERICAN HOME ASSURANCE COMPANY, v. NATIONAL RAILROAD PASSENGER CORPORATION,, 908 So. 2d 459 (Fla. 2005)

. . . See § 768.31(2)(e), Fla. . . .

MAGGIO, v. FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,, 899 So. 2d 1074 (Fla. 2005)

. . . appropriate agency denies the claim in writing; except that if such claim is for contribution pursuant to s. 768.31 . . .

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

. . . Plaintiff also relies on section 768.31, Florida Statutes (1999), which provides: W/hen two or more persons . . . Plaintiff also contends that sections 768.041 and 768.31 apply to' subsequent and sequential tortfeasors . . .

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

. . . See §§ 46.015(2), 768.041, 768.31, Fla. Stat.; see also NationsBank, N.A. v. . . .

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

. . . 768.81(3), Florida Statutes (Supp.1988), and Florida’s setoff statutes, sections 46.015, 768.041, and 768.31 . . .

WAGATHA, v. CITY OF SATELLITE BEACH,, 865 So. 2d 620 (Fla. Dist. Ct. App. 2004)

. . . appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31 . . .

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)

. . . noneconomic damages,” Wells, 659 So.2d at 252, with the setoff provisions of 768.041(2), 46.015(2), and 768.31 . . . applies, it limits the scope of the statutes regarding setoffs—-sections 46.015(2), 768.041(2), and 768.31 . . .

B. FREEMAN, Mr. R. W. Mr. F. K. Mr. S. E. Mr. L. Mr. L. Mr. M. Mr. M. A. Mr. M. Mr. A. L. Mr. G. J. C. L. Mr. D. Mr. E. Mr. L. A. Sr. D. S. Mr. F. O Mr. J. E. R. Mr. J. Mr. L. Mr. W. Mr. J. D. A. Mr. F. Mr. A. M. v. DEAN WITTER REYNOLDS, INC. a a, 865 So. 2d 543 (Fla. Dist. Ct. App. 2003)

. . . See § 768.31(2)(c), Fla. Stat. (1997). . . .

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

. . . Florida Statutes (1997) Florida law regarding setoffs is found in sections 46.015(2), 768.041(2), and 768.31 . . . plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly. . 768.31 . . .

I. HOROWITZ P. C. v. LASKE E., 855 So. 2d 169 (Fla. Dist. Ct. App. 2003)

. . . Section 768.31, The Uniform Contribution Among Tortfeasors Act, provides: (2) Right to contribution.— . . .

CROWELL, M. D. v. KAUFMANN, M. D., 845 So. 2d 325 (Fla. Dist. Ct. App. 2003)

. . . applies only when a codefendant is seeking to protect his statutory right to contribution under section 768.31 . . .

C. WALKER, Jr. v. VIRGINIA INSURANCE RECIPROCAL,, 842 So. 2d 804 (Fla. 2003)

. . . See § 768.31(2), Fla. Stat. (1997). . . . granted Walker’s motion for summary judgment, concluding that the statute of limitations in section 768.31 . . . Section 768.31, the Uniform Contribution Among Tortfeasors Act, governs the procedure to be followed . . . Section 768.31(4)(d)2 specifically provides that an action for contribution is barred unless the tortfeasor . . . See § 768.31(2), Fla. Stat. (1997); see also Chiang v. . . .

In CELOTEX CORPORATION, v., 289 B.R. 460 (Bankr. M.D. Fla. 2003)

. . . Ch. 768.31(2)(b)(2002). There was an exception for joint tortfeasors. . . . Ch. 768.31(2)(a) (2002); Air Crash Near Cali, 24 F.Supp.2d at 1347-49. . . .

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

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

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. S. A. P., 835 So. 2d 1091 (Fla. 2002)

. . . accrues; except that an action for contribution must be commenced within the limitations provided in s. 768.31 . . .

GULFSTREAM PARK RACING ASSOCIATION, INC. v. GOLD SPUR STABLE, INC. a a a C., 820 So. 2d 957 (Fla. Dist. Ct. App. 2002)

. . . . § 768.31, Fla. Stat. (1997). . . . . § 768.31(2)(a). . . .

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)

. . . section 768.0425 is part of Chapter 768, which is entitled “Negligence,” and sections 768.041 through 768.31 . . .

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

. . . concurring opinion in Wells, explained the interplay between the statutory schemes: Sections 46.105(2), 768.31 . . . The underlying purpose of the contribution scheme and sections 46.015(2), 768.31(5)(a), and 768.041(2 . . . Section 768.31, Florida Statutes (2000), entitled the Uniform Contribution Among Joint Tortfeasors Act . . .

EAC USA, INC. v. KAWA a k a, 805 So. 2d 1 (Fla. Dist. Ct. App. 2001)

. . . viable contribution claim against Roberts under the Uniform Contribution Among Tortfeasor’s Act, section 768.31 . . .

VIRGINIA INSURANCE RECIPROCAL, s v. C. WALKER, Jr. M. D. P. A., 765 So. 2d 229 (Fla. Dist. Ct. App. 2000)

. . . See § 768.31(2)(b). Fla. Stat. . . . See § 768.31(2)(a), Fla. Stat. (1997). . . . Section 768.31(4), Florida Statutes provides that a complaint for contribution must be filed within one . . .

TRAVELERS INDEMNITY COMPANY, v. INTEGON GENERAL INSURANCE COMPANY,, 748 So. 2d 362 (Fla. Dist. Ct. App. 2000)

. . . it insists on appeal, that it has a cause of action against Integ-on for contribution under section 768.31 . . . agreed was controlling, and in no way intimated that Travelers had a cause of action under section 768.31 . . . Nor does it mean that in a case controlled by North Carolina law, a cause of action under section 768.31 . . .

PIAMBA CORTES, v. AMERICAN AIRLINES, INC. a, 177 F.3d 1272 (11th Cir. 1999)

. . . . § 768.31 (1997); see also Restatement (Second) of Torts § 886A (1982 App.) . . .

A. WENDEL, M. D. f u b o v. HAUSER, M. D. d b a, 726 So. 2d 378 (Fla. Dist. Ct. App. 1999)

. . . Appellees moved for summary judgment arguing that the one year limitation contained in section 768.31 . . . Section 768.31(4)(d), Florida Statutes, provides, If there is no judgment for the injury or wrongful . . . He argues that the one year statute of limitation contained in section- 768.31, Florida Statutes, does . . .

DADE COUNTY SCHOOL BOARD, v. RADIO STATION WQBA,, 731 So. 2d 638 (Fla. 1999)

. . . that West American was not a joint tortfeasor and therefore it could not sue Yellow Cab under section 768.31 . . .

In AIR CRASH NEAR CALI, COLOMBIA ON DECEMBER CARLSON, R. v. AMERICAN AIRLINES, INC., 24 F. Supp. 2d 1340 (S.D. Fla. 1998)

. . . . § 768.31), the Uniform Contribution Among Tortfea-sors Act (“UCATA”) provides, in pertinent part: ( . . . Fla.Stat.Ann. § 768.31 (West 1997 & Supp. 1998). . . . Fla.Stat.Ann. § 768.31(3)(a) (West 1997). . . . Ann. § 768.31(3)(b)-(c) (West 1997). . . . Fla.Stat.Ann. § 768.31(2)(c) (West 1997). . . .

FRAZIER, v. METROPOLITAN DADE COUNTY,, 701 So. 2d 418 (Fla. Dist. Ct. App. 1997)

. . . . § 768.31, Fla.Stat. (1995). . . . amount, in excess of its pro rata share, for which it is jointly and severally liable to the father. § 768.31 . . . priority of section 768.20, then the doctrine of joint and several liability applies pursuant to section 768.31 . . . Metro-Dade is entitled to contribution from the mother and a set-off against the mother’s recovery. § 768.31 . . .

L. CHIANG, M. D. v. WILDCAT GROVES, INC. PCA f k a, 703 So. 2d 1083 (Fla. Dist. Ct. App. 1997)

. . . Chiang based his contribution claim on Florida’s Uniform Contribution Among Tortfeasors Act, section 768.31 . . . Chiang for Kitsehke’s injuries under section 768.31(2)(b). . . . The department brought a third-party contribution claim against White-hurst pursuant to section 768.31 . . . of section 440.11(1) and establish an employer’s “common liability” for contribution under section 768.31 . . . Chiang would be precluded from seeking contribution from them as joint tortfeasors under section 768.31 . . .

Y. H. INVESTMENTS, INC. v. GODALES, a, 690 So. 2d 1273 (Fla. 1997)

. . . However, recognizing that the legislature had recently passed section 768.31, Florida Statutes (1975) . . .

DIVERSIFIED SERVICES, INC. v. SIMKINS INDUSTRIES, INC., 974 F. Supp. 1448 (S.D. Fla. 1997)

. . . Count V is a contribution claim under § 768.31, Fla. Slat., and under Florida common law. . . .

MIKES v. CITY OF HOLLYWOOD,, 687 So. 2d 1381 (Fla. Dist. Ct. App. 1997)

. . . further noted that to hold otherwise would discourage settlement and defeat Florida Statutes section 768.31 . . .

INSURANCE COMPANY OF NORTH AMERICA, v. QUALITY COMMERCIAL GROUP, INC., 687 So. 2d 960 (Fla. Dist. Ct. App. 1997)

. . . contended that INA’s action was barred by the one-year statute of limitations contained in section 768.31 . . . As pertinent, section 768.31 bars a tortfeasor’s action for contribution unless the tortfeasor brings . . . See § 768.31(4)(d)l, Fla. Stat. (1991). . . . Grassini would be barred by the one-year statute of limitations contained in section 768.31. . . . Inasmuch as the one-year statute of limitations contained in section 768.31 does not apply to equitable . . .

PEOPLES GAS SYSTEM, INC. Co. f u b o Co. v. ACME GAS CORPORATION s d b a BJD d b a, 689 So. 2d 292 (Fla. Dist. Ct. App. 1997)

. . . § 86 at 389-90 (1937) (noting need for common liability to trigger right of contribution); accord § 768.31 . . .

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 . . . Similarly, section 768.31, Florida Statutes (1991), provides in part: (5) RELEASE OR COVENANT NOT TO . . . The Rucks case is also inapposite because it does not mention, much less analyze, sections 768.31 and . . . Beker, 629 So.2d at 912 (citation omitted); see §§ 768.041(2), 768.31(5), Fla. Stat. (1991). . . .

WALTON DODGE CHRYSLER- PLYMOUTH JEEP AND EAGLE, INC. a v. H. C. HODGES CASH CARRY, INC. a, 679 So. 2d 827 (Fla. Dist. Ct. App. 1996)

. . . here was an action for contribution under the Uniform Contribution Among Tort-Feasors’ Act,, section 768.31 . . .

WAL- MART STORES, INC. a a v. McDONALD, III,, 676 So. 2d 12 (Fla. Dist. Ct. App. 1996)

. . . (creating section 768.31, Florida Statutes). . . . percentage of negligence as it relates to the total of all the defendants”; however, because of section 768.31 . . . contribution provision in the Uniform Contribution Among Tortfeasors Act states in pertinent part: 768.31 . . . entire liability: (a) Their relative degrees of fault shall be the basis for allocation of liability. § 768.31 . . . upon finding that the jury may not apportion fault under the “contribution among tortfeasors” law, § 768.31 . . . prevents an intentional actor who pays the plaintiff from collecting against a negligent co-tortfea-sor. § 768.31 . . .

M. STELLAS, v. ALAMO RENT- A- CAR, INC., 673 So. 2d 940 (Fla. Dist. Ct. App. 1996)

. . . Poseidon Maritime Servs., 561 So.2d 1360, 1361 (Fla. 3d DCA 1990) (citing § 768.31(2)(c), Fla.Stat. ( . . .

MATHIAS, v. UNIROYAL GOODRICH TIRE COMPANY,, 677 So. 2d 328 (Fla. Dist. Ct. App. 1996)

. . . Section 768.31(2)(b) of the Uniform Contribution Among Tortfeasors Act provides in pertinent part: “The . . . Section l(4)(f) has as its modern day counterpart section 768.31(4)(f) and they both provide in identical . . . While admittedly this comment was dicta, we believe that it represents a proper construction of section 768.31 . . .

A. SLAWSON, v. FAST FOOD ENTERPRISES, a a a, 671 So. 2d 255 (Fla. Dist. Ct. App. 1996)

. . . negligence, the legislature allowed joint tortfeasors to seek contribution from one another in section 768.31 . . .

SOUTHERN BELL TELEPHONE TELEGRAPH CO. v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 668 So. 2d 1039 (Fla. Dist. Ct. App. 1996)

. . . .” § 768.31(2)(a), Fla.Stat. (1993). . . . .” § 768.31(4)(b), Fla.Stat. (1993). . . .

GODALES, a v. Y. H. INVESTMENTS INC., 667 So. 2d 871 (Fla. Dist. Ct. App. 1996)

. . . Ch. 75-108, Laws of Fla. (1975); see also, § 768.31 Fla. Stat. (1993). In Shor v. . . .

F. HORN L. v. STATE DEPARTMENT OF TRANSPORTATION,, 665 So. 2d 1122 (Fla. Dist. Ct. App. 1996)

. . . accrues; exeept that an action for contribution must be commenced within the limitations provided in s. 768.31 . . .

LEWIS v. ALLSTATE INSURANCE CO., 667 So. 2d 261 (Fla. Dist. Ct. App. 1995)

. . . See §§ 768.04(1) and 768.31(5), Fla.Stat. . . .

CARPENTER, v. BACHMAN ENTERPRISES, INC., 657 So. 2d 42 (Fla. Dist. Ct. App. 1995)

. . . settled with Carpenter and assigned to Carpenter all of its contribution rights arising under section 768.31 . . . The Uniform Contribution Among Tortfeasors Act, section 768.31, does not expressly create a right of . . . persuasive, and hold that Saf-T-Green could assign to Carpenter its right of contribution under section 768.31 . . . in this case; the applicable statute of limitations is the one-year time period provided in section 768.31 . . . Under 768.31, Saf-T-Green — or its assignee — had one year from July 19, 1993, the date of the settlement . . .

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

. . . express or clarify its intent as to the continuing application of the provisions of sections 46.015(2), 768.31 . . . 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 . . . the continuing use of the contribution scheme, including the setoff provisions of sections 46.015(2), 768.31 . . . OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS 768.041(2), 46.015(2) OR 768.31 . . . The district court of appeal held that sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes . . . This possibility may be avoided by applying the setoff contemplated by section 768.31(5) against the . . . Under section 768.31, settlement proceeds are set off where defendants are “liable for the same injury . . . Hence, section 768.31 does not apply to noneconomic damages. . . . I concur with the majority’s reconciliation of sections 46.015(2), 768.31(5), and 768.81(3), Florida . . .

REICHHOLD CHEMICALS, INC. v. TEXTRON, INC. Co. Co. Co., 888 F. Supp. 1116 (N.D. Fla. 1995)

. . . VI, which seeks contribution under the Florida Uniform Contribution Among Joint Tortfeasors Act [§ 768.31 . . .

DEPARTMENT OF CORRECTIONS, v. McGHEE,, 653 So. 2d 1091 (Fla. Dist. Ct. App. 1995)

. . . See § 768.31(2)(a) & (c), Fla.Stat. (1989). . . . among them based on their relative degrees of fault, contribution is denied intentional tortfeasors. § 768.31 . . .

HUDSON v. MOSS, Jr. Sr., 653 So. 2d 1071 (Fla. Dist. Ct. App. 1995)

. . . See § 768.31, Fla.Stat. (1993). . . .

CITY OF LARGO, a v. R. LaGRANDE S., 650 So. 2d 178 (Fla. Dist. Ct. App. 1995)

. . . Grecos’ claim against the City, we cannot say that the good faith of the release as required by section 768.31 . . .

In JOINT EASTERN AND SOUTHERN DISTRICTS ASBESTOS LITIGATION. K. FINDLEY, C. Jr. v. A. FALISE, Jr. E. Jr. In JOHNS- MANVILLE CORPORATION,, 878 F. Supp. 473 (E.D.N.Y. 1995)

. . . . §§ 768.31, 768.81; Ga.Code Ann. §§ 51-12-32, 51-12-33; Haw.Rey.Stat. §§ 663-10.9, 663-12, 663-14, 663 . . .

BOCA RATON TRANSPORTATION, INC. P. v. ZALDIVAR, 648 So. 2d 812 (Fla. Dist. Ct. App. 1995)

. . . Therefore, he asserted that claims of contribution were barred by § 768.31, Florida Statutes (1991). . . . Under § 768.31, Florida Statutes (1991), a release given in good faith to one of two or more persons . . .

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 768.31(5)(a), Florida Statutes (1987), states: (5) RELEASE OR COVENANT NOT TO SUE. — When a release . . .

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, B. M. D. P. A. B. M. D. P. A. v. J. SHURE, M. D., 647 So. 2d 877 (Fla. Dist. Ct. App. 1994)

. . . obstetrician, arguing that his settlement with plaintiffs was not in good faith as required by section 768.31 . . . Section 768.31, Florida Statutes (1987), the Uniform Contribution Among Tortfeasors Act, provides in . . . In fact, section 768.31(3) provides: PRO RATA SHARES — In determining the pro rata shares of tortfeasors . . . Section 768.31(4)(f). . . .

DEWITT EXCAVATING, INC. v. WALTERS, Jr., 642 So. 2d 833 (Fla. Dist. Ct. App. 1994)

. . . argument that our interpretation of section 768.81(3) when coupled with the right to setoff under section 768.31 . . . This possibility may be avoided by applying the setoff contemplated by section 768.31(5) against the . . .

AMERICAN STATES INSURANCE COMPANY, v. KRANSCO, a, 641 So. 2d 175 (Fla. Dist. Ct. App. 1994)

. . . See § 768.31, Fla. Stat. (1993). . . . Section 768.31(5) provides that when a release is given to one or more tortfeasors in “good faith,” these . . . 639 So.2d 47 (Fla. 4th DCA 1994) (discussing operation of and shifting burdens of proof in section 768.31 . . . Section 768.31(5), Florida Statutes requires that the settling parties act in good faith with respect . . . Kransco to prove “bad faith” only if ASI first makes a prima facie showing of good faith under section 768.31 . . .

CSX TRANSPORTATION, INC. v. WHITTLER L. Jr. L. Sr., 645 So. 2d 2 (Fla. Dist. Ct. App. 1994)

. . . The trial court never mentioned in its final judgment section 768.31(2)(d), Florida Statutes (1987), . . . If the satisfaction of judgment is a settlement, which we conclude it to be, then section 768.31(2)(d . . . Section 768.31(4)(b) reads in part: “When a judgment has been entered in an action against two or more . . . Section 768.31(2)(d) does not distinguish between pre- and post-judgment settlements. . . . Section 768.31(2) does not set forth good faith as necessary to maintain a claim for contribution. . . .

GOLD, VANN WHITE, P. A. d b a G. M. D. v. DeBERRY, By W. DeBERRY T. W. T. D. L. M. D., 639 So. 2d 47 (Fla. Dist. Ct. App. 1994)

. . . Section 768.31(5), Florida Statutes (1991), the Uniform Contribution Among Joint Tortfeasors Act, provides . . .

STATE DEPARTMENT OF TRANSPORTATION, v. V. E. WHITEHURST SONS, INC., 636 So. 2d 101 (Fla. Dist. Ct. App. 1994)

. . . FDOT also claimed a right to contribution from Whitehurst pursuant to section 768.31, Florida Statutes . . . To support an action for contribution, the pleading must adequately allege common liability. § 768.31 . . .

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

. . . Further, section 768.31(5)(a) provides that a release or covenant not to sue does not discharge any other . . . argument that our interpretation of section 768.81(3) when coupled with the right to setoff under section 768.31 . . . This possibility may be avoided by applying the setoff contemplated by section 768.31(5) against the . . . Section 768.31(5), and 5(a) Florida Statutes (1991), read: (5) RELEASE OR COVENANT NOT TO SUE. — When . . .

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

. . . In addition, section 768.31(5) provides: RELEASE OR COVENANT NOT TO SUE. — When a release or a covenant . . . Judgments, section 51, treats consent judgments pretty much the same way that sections 768.041(1) and 768.31 . . . above, we believe we are following the lead of the legislature in enacting sections 768.041(1) and 768.31 . . . against a joint tortfeasor as if it were a release for purposes of applying sections 768.041(1) and 768.31 . . .

BACH v. FLORIDA R S, INC. d b a a P. C. a d b a, 838 F. Supp. 559 (M.D. Fla. 1993)

. . . Plaintiff argues that the jury may not apportion fault pursuant to Section 768.31 against Mr. . . .

LOPEZ, R. M. I. L. F. D. v. PRAGER,, 625 So. 2d 1240 (Fla. Dist. Ct. App. 1993)

. . . appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31 . . .

G. FABRE, v. MARIN, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. MARIN,, 623 So. 2d 1182 (Fla. 1993)

. . . argument that our interpretation of section 768.81(3) when coupled with the right to setoff under section 768.31 . . .

BEL- BEL INTERNATIONAL CORP. v. BARNETT BANK OF SOUTH FLORIDA, N. A., 158 B.R. 252 (S.D. Fla. 1993)

. . . And under Florida law § 768.31(2)(c) and (g), there is no right of contribution for intentional torts . . .

CITY OF NORTH MIAMI, FLORIDA, v. BERGER, B., 828 F. Supp. 401 (E.D. Va. 1993)

. . . . § 768.31. . . . FlaStat. § 768.31(2)(a). . . . Accordingly, no § 768.31 contribution rights exist. . . .

SACRED HEART HOSPITAL OF PENSACOLA, v. FRAZIER, CNM,, 621 So. 2d 491 (Fla. Dist. Ct. App. 1993)

. . . Contribution among tortfeasors is governed by section 768.31, Florida Statutes, which provides as follows . . . legitimate issue as to whether USF & G, in its subrogation to appellant’s right of contribution, pursuant to 768.31 . . . Products Company, 541 So.2d 1302 (Fla. 4th DCA 1989), in pursuing a contribution claim under section 768.31 . . . This equitable resolution is consistent with the provisions and intent of section 768.31 and, although . . . In that case, the court relied upon the equitable considerations set forth in section 768.31(3), which . . .

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

. . . Subsection 768.31(5)(a), Florida Statutes (1989), modified the rule that the release of one tortfeasor . . . First, the district court correctly found that sections 768.041 and 768.31(5), Florida Statutes (1989 . . . Section 768.31(5), Florida Statutes (1989), reads in part: When a release or a covenant not to sue or . . .

HYSTER COMPANY, a v. DAVID, Jr., 612 So. 2d 678 (Fla. Dist. Ct. App. 1993)

. . . . § 768.31(2)(a) & (b), Fla.Stat. (Supp.1990) (emphasis added). . . .

SHOVA, v. ELLER,, 606 So. 2d 400 (Fla. Dist. Ct. App. 1992)

. . . Widener, 159 So.2d 267 (Fla. 2d DCA 1963); § 768.31, Fla.Stat. (1989). . . . .

In R. LUGO, SUN BANK SOUTH FLORIDA, N. A. v. R. LUGO,, 140 B.R. 917 (Bankr. S.D. Fla. 1992)

. . . Fla.Stat. 768.31(2)(g). . . . Fla.Stat. 768.31(3)(a). . . . Fla.Stat. 768.31(2)(g) provides: (2) Right to CONTRIBUTION. . . . Fla.Stat. 768.31(3)(a) provides: (3) Pro rata shares. — In determining the pro rata shares of tortfeasors . . .

U- HAUL CO. OF EAST BAY, a v. D. MEYER L., 586 So. 2d 1327 (Fla. Dist. Ct. App. 1991)

. . . judgment to Ford Motor Co., determination of that issue implicates the proper application of section 768.31 . . . judgment to one codefendant and a directed verdict as to another codefendant, in the context of section 768.31 . . .

L. WEDDLE, M. D. L. M. D. P. A. v. C. VOORHIS, III, M. D. C. M. D. P. A., 586 So. 2d 494 (Fla. Dist. Ct. App. 1991)

. . . liability, order him responsible only for his pro rata share of the judgment entered, pursuant to section 768.31 . . . judgment liability, however, was denied, the court finding that Voorhis had been “discharged under section 768.31 . . . Section 768.31(5) of the Uniform Contribution Among Tortfeasors Act provides as follows: RELEASE OR COVENANT . . .