Florida Statute 768.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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.

(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.

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Amendments to 768.31

Annotations, Discussions, Cases:

Cases Citing Statute 768.31

Total Results: 264

Dade Cty. Sch. Bd. v. Radio Station WQBA

731 So. 2d 638, 1999 WL 343075

Supreme Court of Florida | Filed: Feb 4, 1999 | Docket: 405345

Cited 457 times | Published

therefore it could not sue Yellow Cab under section 768.31, Florida Statutes (1985). In allowing West

Fabre v. Marin

623 So. 2d 1182, 1993 WL 322933

Supreme Court of Florida | Filed: Aug 26, 1993 | Docket: 1658330

Cited 186 times | Published

when coupled with the right to setoff under section 768.31(5) will lead to a double reduction in the amount

Hurt v. Leatherby Ins. Co.

380 So. 2d 432

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

Cited 132 times | Published

liability ... unless its terms so provice... ." § 768.31(5) Fla. Stat. (1977). Clearly there is no prohibition

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

when coupled with the right to setoff under section 768.31(5) will lead to a double reduction in the amount

Pesaplastic, C.A. v. Cincinnati Milacron Co., Tedruth Plastics Corp.

750 F.2d 1516, 1985 U.S. App. LEXIS 27698

Court of Appeals for the Eleventh Circuit | Filed: Jan 24, 1985 | Docket: 484304

Cited 66 times | Published

Contribution Among Tortfeasors Act, Fla.Stat.Ann. § 768.31(3)(a) (West Supp.1984), provides that in determining

Lincenberg v. Issen

318 So. 2d 386

Supreme Court of Florida | Filed: Jul 30, 1975 | Docket: 359819

Cited 57 times | Published

pendency of this appeal, the Legislature passed Section 768.31,[*] Florida Statutes, the Uniform Contribution

Piamba Cortes Ex Rel. Piamba Cortes v. American Airlines, Inc.

177 F.3d 1272, 1999 A.M.C. 2286, 1999 U.S. App. LEXIS 13191

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 1999 | Docket: 395372

Cited 51 times | Published

additional tortfeasors. See Fla. Stat. Ann. § 768.31 (1997); see also Restatement (Second)

Stephen E. Carswell, Cross-Appellant v. Bay County, Lavelle Pitts, William Grigsby, Graham Belz, Thomas G. Merrill, Cross-Appellees

854 F.2d 454, 1988 U.S. App. LEXIS 12132, 1988 WL 85919

Court of Appeals for the Eleventh Circuit | Filed: Sep 7, 1988 | Docket: 983400

Cited 46 times | Published

by a joint tortfeasor and that under Fla.Stat. § 768.31 the damages against Grigsby would be reduced by

Village of El Portal v. City of Miami Shores

362 So. 2d 275, 1978 Fla. LEXIS 4824

Supreme Court of Florida | Filed: May 31, 1978 | Docket: 1362985

Cited 41 times | Published

Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes (1975). We have jurisdiction

American Home Assur. v. NAT. RR CORP.

908 So. 2d 459, 2005 WL 1580639

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1397399

Cited 39 times | Published

harmonizes with Florida's contribution statute. See § 768.31(2)(e), Fla. Stat. (1997) (providing that a liability

Seaboard Coast Line RR Co. v. Smith

359 So. 2d 427

Supreme Court of Florida | Filed: Jun 13, 1978 | Docket: 165672

Cited 38 times | Published

liable in tort to a third party tortfeasor under Section 768.31, Florida Statutes (1975).[2] In addition, appellant

Morton v. Abbott Laboratories

538 F. Supp. 593, 1982 U.S. Dist. LEXIS 12092

District Court, M.D. Florida | Filed: Mar 25, 1982 | Docket: 2140849

Cited 36 times | Published

degree of fault of each tortfeasor. Fla.Stat.Ann. § 768.31(3) (Supp.1981). Even if Florida would permit contribution

Matthews v. Williford

318 So. 2d 480

District Court of Appeal of Florida | Filed: Sep 5, 1975 | Docket: 1739216

Cited 35 times | Published

rest by Chapter 75-108, Laws of 1975, creating § 768.31, Fla. Stat. The other points on appeal have been

Kala Investments, Inc. v. Sklar

538 So. 2d 909, 1989 WL 6188

District Court of Appeal of Florida | Filed: Jan 31, 1989 | Docket: 1517089

Cited 34 times | Published

Florida's Uniform Contribution Among Tortfeasors Act, § 768.31(2)(a), Fla. Stat. (1987), provides that: "[W]hen

Cortes v. American Airlines, Inc.

177 F.3d 1272

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 1999 | Docket: 395371

Cited 33 times | Published

of additional tortfeasors. See Fla. Stat. Ann. § 768.31 (1997); see also Restatement (Second) of Torts

Quinn v. Millard

358 So. 2d 1378

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

Cited 33 times | Published

defendants' petitions for contribution. See also Section 768.31(4)(a)(b) and (c), Florida Statutes (1977).

West American Ins. Co. v. Yellow Cab Co.

495 So. 2d 204, 11 Fla. L. Weekly 1879, 1986 Fla. App. LEXIS 9520

District Court of Appeal of Florida | Filed: Aug 28, 1986 | Docket: 1750466

Cited 29 times | Published

Uniform Contribution Among Tortfeasor's Act. Section 768.31, Florida Statutes (1985) states in pertinent

Slawson v. Fast Food Enterprises

671 So. 2d 255, 1996 WL 164670

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 756522

Cited 27 times | Published

tortfeasors to seek contribution from one another in section 768.31, Florida Statutes, but expressly excluded intentional

Dewey Brown, as the Personal Representative of the Estate of Charlie Brown v. United States

838 F.2d 1157, 1988 U.S. App. LEXIS 2498, 1988 WL 9630

Court of Appeals for the Eleventh Circuit | Filed: Mar 1, 1988 | Docket: 490401

Cited 24 times | Published

Tortfeasors Act. See Fla.Stat. § 768.31 et seq. (1985). Section 768.31(5) provides that [wjhen a release

Home Ins. Co. v. Advance MacHine Co.

443 So. 2d 165

District Court of Appeal of Florida | Filed: Dec 12, 1983 | Docket: 1746603

Cited 23 times | Published

statutory right of action for contribution. Section 768.31, Florida Statutes, provides that contribution

Schreier v. Parker

415 So. 2d 794

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 459230

Cited 22 times | Published

Insurance Company pursuant to the provisions of Section 768.31(5), Florida Statutes (1979). Since the Martins

Shor v. Paoli

353 So. 2d 825

Supreme Court of Florida | Filed: Nov 17, 1977 | Docket: 424376

Cited 22 times | Published

joint tortfeasors act (75-108 Laws of Florida, Section 768.31, Florida Statutes) to prevent one tortfeasor

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

Uniform Contribution Among Tortfeasors Act, section 768.31, Florida Statutes (1983), provides that when

Wal-Mart Stores v. McDonald

676 So. 2d 12, 1996 WL 312805

District Court of Appeal of Florida | Filed: Jun 11, 1996 | Docket: 1692907

Cited 20 times | Published

shall be the basis for allocation of liability. § 768.31(3), Fla. Stat. (1993). The "apportionment of damages"

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

who may be liable for the same tort or death. Section 768.31(5)(a), Florida Statutes (1987), states: (5)

Hester v. Gatlin

332 So. 2d 660

District Court of Appeal of Florida | Filed: Apr 23, 1976 | Docket: 1404418

Cited 18 times | Published

Contribution Among Tortfeasors Act. Fla. Stat. § 768.31 (1975). Hester correctly points out that subsection

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

entitled at the time of rendering judgment. Section 768.31, Florida Statutes (2000), entitled the Uniform

Gold, Vann & White, PA v. DeBERRY EX REL. DeBERRY

639 So. 2d 47, 1994 WL 150171

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 1310489

Cited 17 times | Published

jury may lawfully find for the plaintiff." Id. Section 768.31(5), Florida Statutes (1991), the Uniform Contribution

Warn Industries v. Geist

343 So. 2d 44, 1977 Fla. App. LEXIS 15411

District Court of Appeal of Florida | Filed: Jan 25, 1977 | Docket: 1304144

Cited 17 times | Published

in entering such order, citing as authority, Section 768.31, Florida Statutes, and Lincenberg v. Issen

Florida Power Corporation v. Taylor

332 So. 2d 687

District Court of Appeal of Florida | Filed: May 28, 1976 | Docket: 1314591

Cited 17 times | Published

Contribution Among Tortfeasors Act," Fla. Stat. § 768.31, a statute enacted by the Legislature in 1975

Peoples Gas System v. Acme Gas Corp.

689 So. 2d 292, 1997 WL 11542

District Court of Appeal of Florida | Filed: Jan 15, 1997 | Docket: 2509679

Cited 16 times | Published

liability to trigger right of contribution); accord § 768.31, Fla. Stat. (1991) (providing for statutory contribution

Florida Patient's Compensation Fund v. St. Paul Fire and Marine Ins. Co.

535 So. 2d 335, 13 Fla. L. Weekly 2704, 1988 Fla. App. LEXIS 5526, 1988 WL 131590

District Court of Appeal of Florida | Filed: Dec 14, 1988 | Docket: 1711215

Cited 16 times | Published

Compensation Fund's failure to comply with section 768.31(4)(d)(2), Florida Statutes (1985) and we upheld

Lotspeich Co. v. Neogard Corp.

416 So. 2d 1163, 1982 Fla. App. LEXIS 20378

District Court of Appeal of Florida | Filed: Jun 15, 1982 | Docket: 553247

Cited 16 times | Published

I.C.O. v. Withrow, 413 So.2d 1179 (Fla. 1982); § 768.31, Fla. Stat. (1979). That the court's disrelish

Paoli v. Shor

345 So. 2d 789

District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 1477751

Cited 16 times | Published

Appellee as a joint tortfeasor as defined in Section 768.31, Florida Statutes (Supp. 1976). The facts of

Florida Patient's Comp. Fund v. St. Paul Fire and Marine Ins. Co.

559 So. 2d 195, 15 Fla. L. Weekly Supp. 51, 1990 Fla. LEXIS 228, 1990 WL 10870

Supreme Court of Florida | Filed: Feb 8, 1990 | Docket: 1524433

Cited 15 times | Published

holding that the Fund had failed to comply with section 768.31(4)(d), Florida Statutes (1985),[1] authorizing

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

041(2) (the setoff statute) 4 and section 768.31(5) (Florida’s enactment of the Uniform Contribution

Hollis v. School Bd. of Leon County

384 So. 2d 661

District Court of Appeal of Florida | Filed: May 19, 1980 | Docket: 1269701

Cited 15 times | Published

Contribution Among Tortfeasors Act, specifically Section 768.31(5), has been interpreted to apply to all tortfeasors

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

Uniform Contribution Among Joint Tortfeasors Act, Section 768.31, Florida Statutes (1975), which required that

Sol Walker & Co. v. Seaboard Coast Line RR Co.

362 So. 2d 45

District Court of Appeal of Florida | Filed: Sep 1, 1978 | Docket: 165652

Cited 14 times | Published

consideration. This was a claim for contribution under Section 768.31, Florida Statutes (1975), under which Seaboard

Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp.

353 So. 2d 137, 1977 Fla. App. LEXIS 17171

District Court of Appeal of Florida | Filed: Nov 22, 1977 | Docket: 2555599

Cited 14 times | Published

with the opinions expressed herein. NOTES [1] § 768.31, Fla. Stat. (Supp. 1976). [2] § 440.11(1), Fla

Department of Corrections v. McGhee

653 So. 2d 1091, 1995 WL 214978

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 2034682

Cited 13 times | Published

contribution except from a joint tortfeasor. See § 768.31(2)(a) & (c), Fla. Stat. (1989). Consequently,

ATTORNEYS'TITLE INS. FUND, INC. v. Punta Gorda Isles, Inc.

547 So. 2d 1250, 14 Fla. L. Weekly 1908, 1989 Fla. App. LEXIS 4555, 1989 WL 89860

District Court of Appeal of Florida | Filed: Aug 11, 1989 | Docket: 1474503

Cited 13 times | Published

his pro rata share of the common liability... ." § 768.31(2)(b), Fla. Stat. (1987) (emphasis added). Nevertheless

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

in Chapter 75-108, Laws of Florida, of a new Section 768.31(5) (a), Fla. Stat. We are not called upon to

Horowitz v. Laske

855 So. 2d 169, 2003 WL 22023447

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1504246

Cited 12 times | Published

Insurance Co., 559 So.2d 195, 197 (Fla.1990). Section 768.31, The Uniform Contribution Among Tortfeasors

Joseph v. Quest

414 So. 2d 1063

Supreme Court of Florida | Filed: Apr 29, 1982 | Docket: 1357971

Cited 12 times | Published

remand. [3] § 768.31, Fla. Stat. (1975). [4] Ch. 76-186, § 1, Laws of Fla., amending § 768.31(3)(a), Fla

Quest v. Joseph

392 So. 2d 256

District Court of Appeal of Florida | Filed: Jan 7, 1981 | Docket: 1678287

Cited 12 times | Published

Contribution Among Joint Tortfeasors' Act (Section 768.31, Florida Statutes [1975]) even though the other

AL LEWIS, ETC. v. Metropolitan Dade Cty.

376 So. 2d 32

District Court of Appeal of Florida | Filed: Oct 23, 1979 | Docket: 478959

Cited 12 times | Published

v. Shor, 345 So.2d 789 (Fla. 4th DCA 1977); Section 768.31, Florida Statutes (1977). The dismissal of

Frier's, Inc. v. Seaboard Coastline RR Co.

355 So. 2d 208

District Court of Appeal of Florida | Filed: Feb 22, 1978 | Docket: 303279

Cited 12 times | Published

attempts to abrogate the provisions of Florida Statute 768.31 ..." The trial court granted Seaboard's

YH Investments, Inc. v. Godales

690 So. 2d 1273, 1997 WL 136203

Supreme Court of Florida | Filed: Mar 27, 1997 | Docket: 436931

Cited 11 times | Published

recognizing that the legislature had recently passed section 768.31, Florida Statutes (1975), the Uniform Contribution

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

herein. First of all, to encourage settlement, section 768.31(5) provides that a joint tortfeasor who is

Auto-Owners Ins. Co. v. St. Paul Fire & Marine Ins. Co.

547 So. 2d 148, 14 Fla. L. Weekly 1860, 1989 Fla. App. LEXIS 4455, 1989 WL 45398

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1738635

Cited 11 times | Published

obtain a release from Ulmer as required by section 768.31(2)(d), Florida Statutes (1987), and therefore

Walt Disney World Co. v. Wood

515 So. 2d 198, 56 U.S.L.W. 2333, 12 Fla. L. Weekly 555, 1987 Fla. LEXIS 2462

Supreme Court of Florida | Filed: Nov 5, 1987 | Docket: 474338

Cited 11 times | Published

noted that the legislature had just passed section 768.31, Florida Statutes (1975), which provided for

K-Mart Corp. v. Chairs, Inc.

506 So. 2d 7, 12 Fla. L. Weekly 697

District Court of Appeal of Florida | Filed: Mar 5, 1987 | Docket: 1700354

Cited 11 times | Published

indemnity, and to contribution pursuant to section 768.31, Florida Statutes (1981). Indemnity Appellant

Trans Caribbean Lines, Inc. v. Tracor Marine, Inc.

49 B.R. 360, 1985 U.S. Dist. LEXIS 20005

District Court, S.D. Florida | Filed: May 8, 1985 | Docket: 1479175

Cited 11 times | Published

Tort-feasors Act, as enacted in Florida, Fla.Stat. Ann. § 768.31 (West) (1975), and applied by this Court in this

American Cyanamid Co. v. Roy

466 So. 2d 1079, 10 Fla. L. Weekly 9

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 438443

Cited 11 times | Published

Florida's contribution among tortfeasors statute, section 768.31, Florida Statutes (1983), denies willful joint

Sobik's Sandwich Shops, Inc. v. Davis

371 So. 2d 709

District Court of Appeal of Florida | Filed: Jun 6, 1979 | Docket: 1786370

Cited 11 times | Published

Uniform Contribution Among Joint Tortfeasors Act, Section 768.31 et seq., Florida Statutes (1977), contending

Huet v. Mike Shad Ford, Inc.

915 So. 2d 723, 2005 WL 3240125

District Court of Appeal of Florida | Filed: Dec 2, 2005 | Docket: 1690615

Cited 10 times | Published

Huets' pro rata share of liability, pursuant to section 768.31, Florida Statutes.[2] In count three, the Huets

EAC USA, INC. v. Kawa

805 So. 2d 1, 2001 WL 770386

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1242151

Cited 10 times | Published

Uniform Contribution Among Tortfeasor's Act, section 768.31, Florida Statutes (1997). EAC attached its

Stellas v. Alamo Rent-A-Car, Inc.

673 So. 2d 940, 1996 Fla. App. LEXIS 5152, 1996 WL 267911

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 845540

Cited 10 times | Published

561 So.2d 1360, 1361 (Fla. 3d DCA 1990) (citing § 768.31(2)(c), Fla.Stat. (1987)); see also Holley v. Mt

Wal-Mart Stores, Inc. v. Budget Rent-A-Car Systems

567 So. 2d 918, 1990 Fla. App. LEXIS 6627, 1990 WL 126324

District Court of Appeal of Florida | Filed: Sep 4, 1990 | Docket: 1721632

Cited 10 times | Published

nor required appellant to implead appellees. Section 768.31, Fla. Stat. (1987); Ga. Code Ann. section 51-12-32

Florida Patient's Comp. Fund v. Scherer

558 So. 2d 411, 1990 WL 26383

Supreme Court of Florida | Filed: Mar 8, 1990 | Docket: 1359400

Cited 10 times | Published

payments. Second, Morales argued that under section 768.31(5), Florida Statutes (1989),[2] the $100,000

Holton v. HJ Wilson Co., Inc.

482 So. 2d 341, 11 Fla. L. Weekly 44, 1986 Fla. LEXIS 1627

Supreme Court of Florida | Filed: Jan 30, 1986 | Docket: 1769873

Cited 10 times | Published

Uniform Contribution Among Tortfeasors Act, section 768.31, Florida Statutes (1975), and upheld a judgment

Florida Patient's Comp. Fund v. Tillman

453 So. 2d 1376

District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 1651324

Cited 10 times | Published

ultimately found the plaintiff 12% negligent. Since Section 768.31(3)(a), Florida Statutes, Uniform Contribution

Woods v. Withrow

413 So. 2d 1179

Supreme Court of Florida | Filed: Apr 29, 1982 | Docket: 1344002

Cited 10 times | Published

Contribution among tortfeasors is governed by section 768.31, Florida Statutes (1979), which codifies Florida's

Petrik v. New Hampshire Ins. Co.

379 So. 2d 1287

District Court of Appeal of Florida | Filed: May 31, 1979 | Docket: 1681381

Cited 10 times | Published

Uniform Contribution Among Joint Tortfeasors Act, § 768.31, Fla. Stat. (1977), apportioning joint tortfeasors'

Alexander v. Kirkham

365 So. 2d 1038

District Court of Appeal of Florida | Filed: Dec 19, 1978 | Docket: 50714

Cited 10 times | Published

contribution from Mysorewalla and Preferred under § 768.31(5)(b), Fla. Stat. (1977 Supp.). This contention

Blaw-Knox Food & Chemical Equip. Corp. v. Holmes

348 So. 2d 604

District Court of Appeal of Florida | Filed: Jul 1, 1977 | Docket: 1760096

Cited 10 times | Published

severally liable in tort for the same injury." Section 768.31(2), Florida Statutes (1975). Because of the

United Gas Pipeline Company v. Gulf Power Company

334 So. 2d 310, 1976 Fla. App. LEXIS 15714

District Court of Appeal of Florida | Filed: Jun 10, 1976 | Docket: 1712465

Cited 10 times | Published

2d 4 (Fla. 1975). [10] Florida Statute 768.31. [11] Florida Statute 768.31(2) (a). See also Mieure

Davis v. Lewis

331 So. 2d 320

District Court of Appeal of Florida | Filed: Mar 30, 1976 | Docket: 1287876

Cited 10 times | Published

therefore has no application to this case. Section 768.31(7), Florida Statutes, 1975. The defendants

Freeman v. Dean Witter Reynolds, Inc.

865 So. 2d 543, 2003 WL 22970976

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 1656309

Cited 9 times | Published

that they rightfully owe to the customers. See § 768.31(2)(c), Fla. Stat. (1997). Thus, in order to allege

Robarts v. Diaco

581 So. 2d 911, 1991 WL 90280

District Court of Appeal of Florida | Filed: May 31, 1991 | Docket: 1683884

Cited 9 times | Published

from St. Joseph's they *913 might have under section 768.31 et seq., Florida Statutes (1989), Florida's

3-M Elec. Corp. v. Vigoa

369 So. 2d 405

District Court of Appeal of Florida | Filed: Apr 3, 1979 | Docket: 470901

Cited 9 times | Published

right of contribution against the parents under § 768.31, Florida Statutes (1975) based upon the allegation

Leesburg Hospital Association, Inc. v. Carter

321 So. 2d 433

District Court of Appeal of Florida | Filed: Nov 12, 1975 | Docket: 1256202

Cited 9 times | Published

pending at the time of its passage. Fla. Stat. § 768.31 (1975). The Supreme Court confirmed the applicability

Perera v. United States Fidelity & Guaranty Co.

544 F.3d 1271, 2008 WL 4514388

Court of Appeals for the Eleventh Circuit | Filed: Oct 9, 2008 | Docket: 213358

Cited 8 times | Published

share is to seek contribution. Fla. Stat. Ann. § 768.31(2) (West 2000). Accordingly, USF&G is not entitled

Twin City Fire Insurance v. Fireman's Fund Insurance Co.

386 F. Supp. 2d 1272, 2005 U.S. Dist. LEXIS 26210, 2005 WL 2206151

District Court, S.D. Florida | Filed: Sep 12, 2005 | Docket: 2273453

Cited 8 times | Published

Contribution Among Tortfeasors Act, Fla. Stat. § 768.31(4)(d); and (2) there can be no action for contribution

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

judgment and enter judgment accordingly. [3] Section 768.31(5), Florida Statutes (1989), reads in part:

In Re Fairchild Industries, Inc. & GMF Investments, Inc., "ERISA" Litigation

768 F. Supp. 1528, 13 Employee Benefits Cas. (BNA) 1690, 1990 U.S. Dist. LEXIS 18854, 1990 WL 303154

District Court, N.D. Florida | Filed: Dec 28, 1990 | Docket: 2266586

Cited 8 times | Published

Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes, provides that the Act "shall

Kent Ins. Co. v. Estate of Atwood

481 So. 2d 1294, 11 Fla. L. Weekly 268

District Court of Appeal of Florida | Filed: Jan 23, 1986 | Docket: 1529338

Cited 8 times | Published

action well within the period established in Section 768.31(4)(c), which gives tortfeasors one year after

Eason v. Lau

369 So. 2d 600

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

Cited 8 times | Published

relates to the effect, if any, of chapter 75-108 (F.S. 768.31), known as the Uniform Contribution Among Tortfeasors

New Hampshire Ins. Co. v. Petrik

343 So. 2d 48

District Court of Appeal of Florida | Filed: Feb 2, 1977 | Docket: 1304085

Cited 8 times | Published

accident, seeking contribution pursuant to Section 768.31, Florida Statutes (1975). The court dismissed

Maplewood Partners, L.P. v. Indian Harbor Insurance

295 F.R.D. 550, 2013 WL 3853388, 2013 U.S. Dist. LEXIS 103309

District Court, S.D. Florida | Filed: Jul 16, 2013 | Docket: 66051501

Cited 7 times | Published

mere bringing of a lawsuit pursuant to Fla. Stat. § 768.31 for contribution (among tortfeasors) toward a

Soncoast Community Church v. TRAVIS BOATING

981 So. 2d 654, 2008 WL 2116822

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1445313

Cited 7 times | Published

Travis must be covered by the general release. See § 768.31(2)(d), Fla. Stat. The trial court agreed with

SOUTHERN BELL TEL. v. Dept. of Transp.

668 So. 2d 1039, 1996 Fla. App. LEXIS 1057, 1996 WL 61248

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 1290468

Cited 7 times | Published

persons become jointly or severally liable...." § 768.31(2)(a), Fla.Stat. (1993). After the judgment has

Florida Farm Bureau Cas. Co. v. Batton

444 So. 2d 1128

District Court of Appeal of Florida | Filed: Feb 8, 1984 | Docket: 1510725

Cited 7 times | Published

abrogated by the legislature's enactment of section 768.31, Florida Statutes (1975), the Uniform Contribution

Liberty Mut. Ins. Co. v. Jones

427 So. 2d 1117, 1983 Fla. App. LEXIS 18858

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 517481

Cited 7 times | Published

right to seek contribution from Jones under section 768.31, Florida Statutes (1979). We do not reach that

St. Cloud Utilities v. Moore

410 So. 2d 973, 1982 Fla. App. LEXIS 19435

District Court of Appeal of Florida | Filed: Mar 10, 1982 | Docket: 477627

Cited 7 times | Published

to entertain a motion for contribution under section 768.31(4) of Florida Statutes (1979), the Uniform

Pensacola Interstate Fair, Inc. v. Popovich

389 So. 2d 1179

Supreme Court of Florida | Filed: Oct 30, 1980 | Docket: 1683082

Cited 7 times | Published

among joint tort-feasors statutory provision, section 768.31, Florida Statutes (1975). The opinion of the

Florida Rock & Sand Co. v. Cox

344 So. 2d 1296

District Court of Appeal of Florida | Filed: Apr 19, 1977 | Docket: 248602

Cited 7 times | Published

Lariosa, as a joint tortfeasor, pursuant to Section 768.31, Florida Statute (1975). We note that Rule

Moore v. St. Cloud Utilities

337 So. 2d 982

District Court of Appeal of Florida | Filed: Jan 9, 1976 | Docket: 1414893

Cited 7 times | Published

remedy is in the nature of contribution. See Section 768.31, Florida Statutes. We now direct our attention

Crowell v. Kaufmann

845 So. 2d 325, 2003 WL 21166467

District Court of Appeal of Florida | Filed: May 21, 2003 | Docket: 1432715

Cited 6 times | Published

protect his statutory right to contribution under section 768.31, Florida Statutes (2000), and not when a defendant

Bel-Bel International Corp. v. Barnett Bank of South Florida, N.A.

158 B.R. 252, 1993 U.S. Dist. LEXIS 11919, 1993 WL 327825

District Court, S.D. Florida | Filed: Aug 17, 1993 | Docket: 1261306

Cited 6 times | Published

alleged fraud $7.1 million. And under Florida law § 768.31(2)(c) and (g), there is no right of contribution

Shova v. Eller

606 So. 2d 400, 1992 WL 213124

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 132066

Cited 6 times | Published

v. Widener, 159 So.2d 267 (Fla. 2d DCA 1963); § 768.31, Fla. Stat. (1989). [5] In fact, in a somewhat

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

judgment accordingly ... To the same effect is Section 768.31(5), Florida Statutes (1989), which states in

International Action Sports, Inc. v. Sabellico

573 So. 2d 928, 1991 Fla. App. LEXIS 90, 1991 WL 682

District Court of Appeal of Florida | Filed: Jan 8, 1991 | Docket: 478882

Cited 6 times | Published

plaintiff was not made in good faith under section 768.31(5), Florida Statutes (1989) so as to bar a

Wallace v. Strassel

479 So. 2d 231, 10 Fla. L. Weekly 2667

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 463575

Cited 6 times | Published

Contribution Among Tortfeasors Act (UCATFA), section 768.31, Florida Statutes (1983), which provides in

Albertson's, Inc. v. Adams

473 So. 2d 231, 10 Fla. L. Weekly 1619

District Court of Appeal of Florida | Filed: Jun 28, 1985 | Docket: 451415

Cited 6 times | Published

"Uniform Contribution Among Tortfeasors Act," section 768.31, Florida Statutes (1983). This action arose

Chinos Villas, Inc. v. Bermudez

448 So. 2d 1179

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 429720

Cited 6 times | Published

dismiss the counterclaim on the grounds that section 768.31, Florida Statutes (1981) does not permit a

Prather v. Upjohn Co.

585 F. Supp. 112, 1984 U.S. Dist. LEXIS 19422

District Court, N.D. Florida | Filed: Feb 15, 1984 | Docket: 955749

Cited 6 times | Published

Florida's law on contribution is governed by Section 768.31, Florida Statutes (1983), which provides that:

Milford v. Metropolitan Dade County

430 So. 2d 951

District Court of Appeal of Florida | Filed: Apr 26, 1983 | Docket: 445898

Cited 6 times | Published

contribution from the County derives solely from Section 768.31, Florida Statutes (1979), see South Carolina

Showell Industries, Inc. v. Holmes County

409 So. 2d 78, 1982 Fla. App. LEXIS 18904

District Court of Appeal of Florida | Filed: Jan 14, 1982 | Docket: 525677

Cited 6 times | Published

the Uniform Contribution Among Tortfeasors Act, § 768.31(4)(c), Florida Statutes (1978). See Beard v. Hambrick

Koschmeder v. Griffin

386 So. 2d 625

District Court of Appeal of Florida | Filed: Aug 13, 1980 | Docket: 1518450

Cited 6 times | Published

tortfeasor is entitled to contribution under F.S. 768.31 (1977) from the estate of a joint tortfeasor

Christiani v. Popovich

363 So. 2d 2

District Court of Appeal of Florida | Filed: Aug 10, 1978 | Docket: 461159

Cited 6 times | Published

75-108, Laws of Florida (1975), as amended, Section 768.31, Florida Statutes (1977). Certain of the defendants

Commercial Carrier Corp. v. Indian River County

342 So. 2d 1047

District Court of Appeal of Florida | Filed: Feb 22, 1977 | Docket: 138309

Cited 6 times | Published

for contribution or for indemnity pursuant to Section 768.31, Florida Statutes (1975). Here again, we need

Zurich American Insurance Co. v. Southern-Owners Insurance Co.

248 F. Supp. 3d 1268, 2017 WL 1179974, 2017 U.S. Dist. LEXIS 47667

District Court, M.D. Florida | Filed: Mar 30, 2017 | Docket: 64313783

Cited 5 times | Published

is exclusively a statutory remedy’ ” under section 768.31 of the Florida Statutes, see Motion at 22-23

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

materially identical language); see also § 768.31(5), Fla. Stat. (2012) (effect of release or covenant

Frazier v. Metropolitan Dade County

701 So. 2d 418, 1997 WL 699562

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 2531669

Cited 5 times | Published

brought a claim for contribution against the mother. § 768.31, Fla.Stat. (1995). The case proceeded to trial

STATE, DOT v. VE Whitehurst & Sons

636 So. 2d 101, 1994 WL 113630

District Court of Appeal of Florida | Filed: Apr 7, 1994 | Docket: 1361785

Cited 5 times | Published

to contribution from Whitehurst pursuant to section 768.31, Florida Statutes. In the Second Amended Third

McKenzie Tank Lines, Inc. v. Empire Gas Corp.

538 So. 2d 482, 1989 WL 5672

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 1517085

Cited 5 times | Published

other things, that the contribution statute, section 768.31, Florida Statutes (1985) (the Uniform Contribution

DIAZ BY RIVAS v. Sears, Roebuck & Co.

475 So. 2d 932, 10 Fla. L. Weekly 2022

District Court of Appeal of Florida | Filed: Aug 20, 1985 | Docket: 1709921

Cited 5 times | Published

pursuant to Section 768.31(2)(c), Florida Statutes (1981) is without merit. Section 768.31(2)(c), Florida

Williams Ex Rel. Williams v. United States

608 F. Supp. 269

District Court, S.D. Florida | Filed: Apr 9, 1985 | Docket: 1030143

Cited 5 times | Published

Jones, 280 So.2d 431 (Fla.1973). Fla.Stat.Ann. § 768.31 (West). At the conclusion of the trial on May

Robert L. Turchin, Inc. v. Gelfand Roofing, Inc.

450 So. 2d 554

District Court of Appeal of Florida | Filed: Jun 12, 1984 | Docket: 256382

Cited 5 times | Published

third-party complaints sought contribution under section 768.31, Florida Statutes (1981), if it were found

Lorf v. Indiana Ins. Co.

426 So. 2d 1225

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 1283492

Cited 5 times | Published

Allstate, for contribution based specifically on Section 768.31, Florida Statutes (1981). Lorf moved for summary

Orlando Sports Stadium, Inc. v. Gerzel

397 So. 2d 370

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 1706820

Cited 5 times | Published

UPCHURCH, Jr. and SHARP, JJ., concur. NOTES [1] § 768.31(2)(a), Fla. Stat. (1979). [2] See Annot., 41

Withrow v. Woods

386 So. 2d 607

District Court of Appeal of Florida | Filed: Aug 6, 1980 | Docket: 1518438

Cited 5 times | Published

release for itself and its insureds. Relying on section 768.31(2)(d), Florida Statutes (1979)[1], Woods and

Mieure v. Moore

330 So. 2d 546

District Court of Appeal of Florida | Filed: Apr 20, 1976 | Docket: 1797694

Cited 5 times | Published

2d 142 (Fla. 1970). Under the provisions of Section 768.31, Florida Statutes, referred to as the Uniform

Seaboard Coast Line RR Co. v. Gordon

328 So. 2d 206

District Court of Appeal of Florida | Filed: Mar 16, 1976 | Docket: 1334589

Cited 5 times | Published

enacted by the 1975 Legislature, and particularly § 768.31(5)(b),[1] releases them from any action seeking

GULFSTREAM PARK RACING ASSOCIATION, INC. v. Gold Spur Stable, Inc.

820 So. 2d 957, 2002 WL 1021736

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1362351

Cited 4 times | Published

Uniform Contribution Among Joint Tortfeasors Act. § 768.31, Fla. Stat. (1997). This act provides, in pertinent

Virginia Ins. Reciprocal v. Walker

765 So. 2d 229, 2000 WL 1049874

District Court of Appeal of Florida | Filed: Aug 1, 2000 | Docket: 428608

Cited 4 times | Published

his pro rata share of the common liability." See § 768.31(2)(b). Fla. Stat. A party may now initiate a claim

St. Paul Fire and Marine Ins. Co. v. Shure

647 So. 2d 877, 1994 WL 594707

District Court of Appeal of Florida | Filed: Nov 2, 1994 | Docket: 437230

Cited 4 times | Published

plaintiffs was not in good faith as required by section 768.31, Florida Statutes (1987), the Uniform Contribution

Bach v. FLORIDA R/S, INC.

838 F. Supp. 559, 1993 WL 502788

District Court, M.D. Florida | Filed: Oct 7, 1993 | Docket: 2108394

Cited 4 times | Published

the jury may not apportion fault pursuant to Section 768.31 against Mr. Constanzo for his intentional conduct

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

the applicability of Fla.Stat. § 768.31 (1975) to this case. Section 768.31(5) addresses the release of

KANE EX REL. KANE v. Portwood

573 So. 2d 980

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 1518749

Cited 4 times | Published

her grandparents for contribution pursuant to section 768.31, Florida Statutes (1989), seeking a pro rata

Home Ins. Co. v. Advance MacH. Co.

500 So. 2d 664, 12 Fla. L. Weekly 80

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 1689597

Cited 4 times | Published

The Act, as adopted in Florida, appears in Section 768.31, Florida Statutes (1985), pertinent portions

Jones v. Williams Steel Indus., Inc.

460 So. 2d 1004, 10 Fla. L. Weekly 23

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1765941

Cited 4 times | Published

basis of the statute of limitations (apparently section 768.31(4)(c), Fla. Stat.) appellee filed an amended

Gates Learjet Corp. v. Moyer

459 So. 2d 1082, 10 Fla. L. Weekly 6

District Court of Appeal of Florida | Filed: Sep 26, 1984 | Docket: 1282365

Cited 4 times | Published

the joint tortfeasors contribution statute, section 768.31, Florida Statutes (1983). We acknowledged in

Ryder Truck Lines, Inc. v. Pough

392 So. 2d 590

District Court of Appeal of Florida | Filed: Jan 13, 1981 | Docket: 1678373

Cited 4 times | Published

Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes (1977). On motion by the

Nesbitt v. Auto-Owners Ins. Co.

390 So. 2d 1209

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 1750206

Cited 4 times | Published

special verdict, were, he said, "contrary to section 768.31(2)(c)." We presume it was his determination

METRO. DADE CTY. TRANSIT AUTH. v. Simmons

375 So. 2d 858

District Court of Appeal of Florida | Filed: Sep 25, 1979 | Docket: 1705343

Cited 4 times | Published

Gordon, 328 So.2d 206 (Fla. 1st DCA 1976); Section 768.31(5), Florida Statutes (1975). However, we do

North Shore Hospital v. Martin

344 So. 2d 256, 1977 Fla. App. LEXIS 15605

District Court of Appeal of Florida | Filed: Mar 18, 1977 | Docket: 391170

Cited 4 times | Published

among joint tortfeasors is now authorized by Section 768.31, Florida Statutes (1976 Supp.), it is necessary

Vtn Consol. v. Coastal Engineering Assoc.

341 So. 2d 226

District Court of Appeal of Florida | Filed: Dec 22, 1976 | Docket: 1393616

Cited 4 times | Published

burden. VTN relies upon the fairly new statute, F.S. 768.31, to rescue it from its dilemma but such reliance

Welt v. EfloorTrade, LLC (In Re Phoenix Diversified Investment Corp.)

439 B.R. 231, 2010 Bankr. LEXIS 3925

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 1, 2010 | Docket: 2059861

Cited 3 times | Published

in this action and, therefore, Florida Statutes § 768.31(2)(c) is not applicable. The Court agrees with

Healthcare Staffing Solutions, Inc. v. Wilkinson Ex Rel. Wilkinson

5 So. 3d 726, 2009 Fla. App. LEXIS 1296, 2009 WL 400369

District Court of Appeal of Florida | Filed: Feb 19, 2009 | Docket: 1663371

Cited 3 times | Published

("UMC") in an action for contribution under section 768.31, Florida Statutes (1997), and equitable subrogation

Diversified Services, Inc. v. Simkins Industries, Inc.

974 F. Supp. 1448, 1997 U.S. Dist. LEXIS 14883, 1997 WL 391607

District Court, S.D. Florida | Filed: Mar 26, 1997 | Docket: 1010455

Cited 3 times | Published

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

American States Ins. Co. v. Kransco

641 So. 2d 175, 1994 Fla. App. LEXIS 8007, 1994 WL 419600

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 1648523

Cited 3 times | Published

cross-claim against the Jacobses for contribution. See § 768.31, Fla. Stat. (1993). At issue in the contribution

Hyster Co. v. David

612 So. 2d 678, 1993 WL 8999

District Court of Appeal of Florida | Filed: Jan 21, 1993 | Docket: 1677019

Cited 3 times | Published

his own pro rata share of the entire liability. § 768.31(2)(a) & (b), Fla. Stat. (Supp. 1990) (emphasis

Gurney v. Cain

588 So. 2d 244, 1991 WL 174667

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 1708453

Cited 3 times | Published

contribution among joint tort-feasor statute, section 768.31, Florida Statutes. For the following reasons

Insurance Co. of N. Am. v. Poseidon Maritime Services, Inc.

561 So. 2d 1360, 1990 WL 78548

District Court of Appeal of Florida | Filed: Jun 12, 1990 | Docket: 1740274

Cited 3 times | Published

may not be had for intentional wrongdoing, see § 768.31(2)(c), Fla. Stat. (1987), but alleged in the contribution

Pennington v. Dye

456 So. 2d 507

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 1731989

Cited 3 times | Published

contribution among joint tort-feasors under section 768.31, Florida Statutes (1981), alleging that Arlie

Belcher v. First Nat. Bank of Miami

405 So. 2d 754

District Court of Appeal of Florida | Filed: Oct 27, 1981 | Docket: 1703584

Cited 3 times | Published

Uniform Contribution Among Tortfeasors Act, Section 768.31(4)(f), Florida Statutes, which destroys inchoate

Fuquay v. General Motors Corp.

518 F. Supp. 1065, 1981 U.S. Dist. LEXIS 13463

District Court, M.D. Florida | Filed: Jul 16, 1981 | Docket: 1949083

Cited 3 times | Published

the 1975 accident. Pursuant to 1979 Fla.Stat. § 768.31(5)(b), the Uniform Contribution Among Tortfeasors

Broward Marine, Inc. v. New England Marine Corp.

386 So. 2d 70

District Court of Appeal of Florida | Filed: Jul 30, 1980 | Docket: 1518404

Cited 3 times | Published

crossclaims should not ultimately be dismissed. Under Section 768.31(5)(b), Florida Statutes (1977), Broward could

STATE, DEPT. OF TRANSP. v. Cone Bros. Contracting Co.

364 So. 2d 482

District Court of Appeal of Florida | Filed: Nov 15, 1978 | Docket: 461832

Cited 3 times | Published

case was whether the statute there in question [§ 768.31, Fla. Stat. (1975), the Uniform Contribution Among

Walt Disney World Co. v. Memorial Hospital

363 So. 2d 598, 1978 Fla. App. LEXIS 16503

District Court of Appeal of Florida | Filed: Oct 25, 1978 | Docket: 461338

Cited 3 times | Published

claim is a distinct matter. This claim is based on § 768.31, Fla. Stat., known as the Uniform Contribution

MOUNT SINAI HOSP. OF GREATER MIAMI, INC. v. Mora

342 So. 2d 1063, 1977 Fla. App. LEXIS 15373

District Court of Appeal of Florida | Filed: Mar 1, 1977 | Docket: 1521193

Cited 3 times | Published

judgment against it) as provided for under Section 768.31 Florida Statutes, 1976 Supp., and alternatively

Best Sanitary Dis. Co. v. Little Food Town, Inc.

339 So. 2d 222

District Court of Appeal of Florida | Filed: Nov 3, 1976 | Docket: 1436661

Cited 3 times | Published

shall be made pursuant to Florida Statutes, Section 768.31(5) and shall reduce any judgment accordingly

Nationwide Mutual Insurance Company v. Fouts

323 So. 2d 593

District Court of Appeal of Florida | Filed: Dec 12, 1975 | Docket: 2570936

Cited 3 times | Published

pending at the time of its passage. Fla. Stat. § 768.31 (1975). Thereafter, the Supreme Court held that

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

the present case. Plaintiff also relies on section 768.31, Florida Statutes (1999), which provides: When

Walker v. Virginia Ins. Reciprocal

842 So. 2d 804, 2003 WL 1338990

Supreme Court of Florida | Filed: Mar 20, 2003 | Docket: 1730419

Cited 2 times | Published

of those released in the underlying suit. See § 768.31(2), Fla. Stat. (1997). Walker answered the complaint

Wendel v. Hauser

726 So. 2d 378, 1999 WL 69619

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1711575

Cited 2 times | Published

arguing that the one year limitation contained in section 768.31(4)(d), Florida Statutes, barred appellant's

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

(expanding concept to non-tort cases). Similarly, section 768.31, Florida Statutes (1991), provides in part:

U-Haul Co. of East Bay v. Meyer

586 So. 2d 1327, 1991 WL 199931

District Court of Appeal of Florida | Filed: Oct 4, 1991 | Docket: 1487652

Cited 2 times | Published

issue implicates the proper application of section 768.31(4)(f), Florida Statutes (1989), which provides:

Woodman v. United States

764 F. Supp. 1455, 33 ERC (BNA) 1369, 1991 U.S. Dist. LEXIS 7195, 1991 WL 88698

District Court, M.D. Florida | Filed: May 21, 1991 | Docket: 2174091

Cited 2 times | Published

Contribution Among Tortfeasors Act, Fla.Stat. § 768.31. Pursuant to § 768.31, contribution is available only against

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

third-party defendants and sought contribution under section 768.31 of the Florida Statutes. The plaintiffs' complaint

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

death. § 768.041(1). To the same effect is section 768.31(5), Florida Statutes, which provides: When

West American Ins. Co. v. Best Products Co., Inc.

541 So. 2d 1302, 1989 WL 33948

District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 1241117

Cited 2 times | Published

from finality of the judgment, as required by section 768.31(4)(c), Florida Statutes: If there is a judgment

Johnson v. SCH. BD. OF PALM BEACH CTY.

537 So. 2d 685, 14 Fla. L. Weekly 270, 1989 Fla. App. LEXIS 240, 1989 WL 4376

District Court of Appeal of Florida | Filed: Jan 25, 1989 | Docket: 427263

Cited 2 times | Published

interspousal immunity did not control over section 768.31, Florida Statutes, the Uniform Contribution

Walt Disney World Co. v. Wood

489 So. 2d 61, 11 Fla. L. Weekly 823

District Court of Appeal of Florida | Filed: Apr 9, 1986 | Docket: 545983

Cited 2 times | Published

contribution among joint tortfeasors under section 768.31, Florida Statutes, in order to obtain relief

Florida Patient's v. St. Paul Fire

483 So. 2d 770

District Court of Appeal of Florida | Filed: Feb 7, 1986 | Docket: 455784

Cited 2 times | Published

Fund had failed to satisfy the criteria of section 768.31(4)(d)(2), Florida Statutes (1985). We affirm

Caranna v. Eades

466 So. 2d 259, 10 Fla. L. Weekly 339

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 1524966

Cited 2 times | Published

Hoffman v. Jones, the legislature has adopted section 768.31, Florida Statutes (1977), the "Uniform Contribution

Kellan v. Holster

518 F. Supp. 175, 1981 U.S. Dist. LEXIS 13342

District Court, M.D. Florida | Filed: Jun 25, 1981 | Docket: 1948623

Cited 2 times | Published

Contribution Among Tortfeasors Act, Fla.Stat. § 768.31, does not exist in this case and that as to him

Government Emp. Ins. Co. v. Sutton

400 So. 2d 476

District Court of Appeal of Florida | Filed: May 6, 1981 | Docket: 1263562

Cited 2 times | Published

(The Uniform Contribution Among Tort-Feasors Act, § 768.31, Fla. Stat. (1975) was passed after this accident

Fleury v. City of Riviera Beach

396 So. 2d 813

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 1447970

Cited 2 times | Published

requires further consideration of the case. Section 768.31(5)(b), Florida Statutes (1979), provides that

Eller & Co., Inc. v. Morgan

393 So. 2d 580

District Court of Appeal of Florida | Filed: Jan 20, 1981 | Docket: 1719146

Cited 2 times | Published

the Morgans, and, by virtue of Florida Statutes § 768.31(5)(b), from any liability to Eller for contribution

Johns-Manville Sales Corp. v. ZACK COMPANY

374 So. 2d 1150, 1979 Fla. App. LEXIS 15765

District Court of Appeal of Florida | Filed: Sep 18, 1979 | Docket: 1177379

Cited 2 times | Published

tort-feasor seeking contribution pursuant to Section 768.31(4) Florida Statutes (1977) against an alleged

Bisaccio v. Brown

366 So. 2d 510

District Court of Appeal of Florida | Filed: Jan 19, 1979 | Docket: 1228132

Cited 2 times | Published

the Uniform Contribution Among Tortfeasors Act, § 768.31, Fla. Stat. The release form which Bisaccio signed

Kennedy & Cohen, Inc. v. Van Eyck

347 So. 2d 1085, 1977 Fla. App. LEXIS 16250

District Court of Appeal of Florida | Filed: Jul 6, 1977 | Docket: 1687342

Cited 2 times | Published

Buren, 20% negligent. Thereafter, pursuant to Section 768.31, Florida Statutes (1975), appellee U.S.F. &

FIRST CHURCH, ETC. v. City of St. Petersburg

344 So. 2d 1302

District Court of Appeal of Florida | Filed: Apr 20, 1977 | Docket: 1517725

Cited 2 times | Published

"Uniform Contribution Among Tortfeasors Act," Section 768.31, Florida Statutes (1975), should the trier

Holmes Regional Medical Center, Inc. v. Allstate Insurance Company

225 So. 3d 780, 42 Fla. L. Weekly Supp. 738, 2017 WL 2981863, 2017 Fla. LEXIS 1500

Supreme Court of Florida | Filed: Jul 13, 2017 | Docket: 6089477

Cited 1 times | Published

in 1975. See ch. 75-108, Laws of Fla. (creating § 768.31, Fla. Stat. (1975)).4 *795The law in Florida also

Claudio v. Regalado

116 So. 3d 451, 2013 WL 765007, 2013 Fla. App. LEXIS 3321

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60232354

Cited 1 times | Published

contribution against Mrs. Regalado pursuant to section 768.31, Florida Statutes (2006), the Uniform Contribution

Healthcare Staffing Solution, Inc. v. Wilkinson ex rel. Wilkinson

86 So. 3d 519, 2012 Fla. App. LEXIS 3847, 2012 WL 762070

District Court of Appeal of Florida | Filed: Mar 12, 2012 | Docket: 60307694

Cited 1 times | Published

“pro rata share of the entire liability” under section 768.31(2)(b), Florida Statutes (1997). On remand,

Zeiger Crane Rentals, Inc. v. Double a Industries, Inc.

16 So. 3d 907, 2009 Fla. App. LEXIS 10746, 2009 WL 2382320

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1125290

Cited 1 times | Published

contribution is statutory, and is found in section 768.31(2)(a), Florida Statutes: "Except as otherwise

T & S Enterprises Handicap Accessibility, Inc. v. Wink Industrial Maintenance & Repair, Inc.

11 So. 3d 411, 2009 Fla. App. LEXIS 4630, 2009 WL 1311606

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1656603

Cited 1 times | Published

several liability for joint tortfeasors and that section 768.31, Florida Statutes (2006), mandates that a court

In Re Air Crash Near Cali, Colombia on December 20

24 F. Supp. 2d 1340

District Court, S.D. Florida | Filed: Feb 25, 1998 | Docket: 2351444

Cited 1 times | Published

law rule. *1348 As adopted by Florida (Fla.Stat. § 768.31), the Uniform Contribution Among Tortfeasors Act

Dewitt Excavating, Inc. v. Walters

642 So. 2d 833, 1994 WL 515722

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 549688

Cited 1 times | Published

when coupled with the right to setoff under section 768.31(5) will lead to a double reduction in the amount

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

court must enter judgment accordingly. Further, section 768.31(5)(a) provides that a release or covenant not

Travelers Insurance Co. v. VES Service Co.

576 So. 2d 1349, 1991 Fla. App. LEXIS 2733, 1991 WL 43158

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 64657576

Cited 1 times | Published

eliminated Travelers’ claim for contribution. See § 768.31, Fla.Stat. (1989).

Allstate Insurance v. M.H.

681 F. Supp. 811, 1988 U.S. Dist. LEXIS 1967, 1988 WL 22402

District Court, S.D. Florida | Filed: Mar 14, 1988 | Docket: 1373876

Cited 1 times | Published

counterclaim was for contribution pursuant to Florida Statute 768.31. J.C. alleged that if he were found liable

Morales v. Scherer

528 So. 2d 1, 1988 WL 8096

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 1717589

Cited 1 times | Published

does not comport with the intended scope of section 768.31(5), Florida Statutes. This section provides

Mantesta v. Florida Patient's Compensation Fund

506 So. 2d 35, 12 Fla. L. Weekly 1046, 1987 Fla. App. LEXIS 7665

District Court of Appeal of Florida | Filed: Apr 15, 1987 | Docket: 64626693

Cited 1 times | Published

dealing with a different section of the statute, section 768.31(4)(d)(2), instead of section 768.-54(2)(b)

Borden, Inc. v. Florida East Coast Railway Co.

772 F.2d 750, 3 Fed. R. Serv. 3d 1360

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 1985 | Docket: 66210039

Cited 1 times | Published

denied, 337 So.2d 809 (1976). See also Fla.Stat. § 768.31. On remand, the trial court should enter judgments

Department of Transportation v. Hanes

448 So. 2d 1130, 1984 Fla. App. LEXIS 12592

District Court of Appeal of Florida | Filed: Apr 6, 1984 | Docket: 64604302

Cited 1 times | Published

cert. denied 345 So.2d 428 (Fla.1977); also see § 768.31(2)(b), Florida Statutes. But as indicated, the

AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANG

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

Published

(2020); see also §768.041(2), Fla. Stat. (2020); § 768.31(5)(a), Fla. Stat. (2020). The setoff statutes

Holmes Regional Medical Center, Inc. v. Allstate Insurance Company – Corrected Opinion

Supreme Court of Florida | Filed: Sep 7, 2017 | Docket: 6148798

Published

in 1975. See ch. 75-108, Laws of Fla. (creating § 768.31, Fla. Stat. (1975)).4 4. I fully understand

Liberty Mutual Fire Insurance Co. v. Wal-Mart Stores East, LP

269 F. Supp. 3d 1254

District Court, M.D. Florida | Filed: Aug 25, 2017 | Docket: 64315438

Published

rata share of the common liability.” Fla. Stat. § 768.31(e). The Act describes the tortfeasor’s right to

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

to settle, thus frustrating the purpose of section 768.31(5), Florida Statutes 1987.”). It may be the

Grove Key Marina v. Casamayor v. City of Miami

166 So. 3d 879, 2015 Fla. App. LEXIS 7977

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2659842

Published

the amount by which he overpaid. See § 768.31(2), Fla. Stat. (2013). The County’s argument

Assa Compañia de Seguros, S.A. v. Codotrans, Inc.

15 F. Supp. 3d 1271, 2014 U.S. Dist. LEXIS 54178, 2014 WL 1515239

District Court, S.D. Florida | Filed: Apr 18, 2014 | Docket: 64294587

Published

limited to tort claims.” (Mot. 11 (citing Fla Stat. § 768.31(2)) (alteration added)). In the underlying action

Martinez v. Miami-Dade County

975 F. Supp. 2d 1293, 2013 WL 5434159, 2013 U.S. Dist. LEXIS 142776

District Court, S.D. Florida | Filed: Sep 30, 2013 | Docket: 65994622

Published

Blue Martini pursuant to Florida Statutes, section 768.31; (2) Miami-Dade County is entitled to indemnification

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

for a covenant not to sue in a tort action); cf. § 768.31 (governing contri-*156button among tort defendants)

Ortiz v. Regalado

113 So. 3d 57, 2013 WL 765008, 2013 Fla. App. LEXIS 3320

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60231576

Published

*62among joint tortfeasors, as provided in section 768.31, Florida Statutes (2006). A.Preservation of

Trapper John Animal Control, Inc. v. Gilliard

96 So. 3d 461, 2012 Fla. App. LEXIS 14623, 2012 WL 3761899

District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60311526

Published

Among Tortfeasors Act (“the Contribution Act”), section 768.31, Florida Statutes. In the underlying wrongful

Klein & Heuchan, Inc. v. Costar Realty Information, Inc.

707 F. Supp. 2d 1287, 2010 U.S. Dist. LEXIS 48059, 2010 WL 1565543

District Court, M.D. Florida | Filed: Apr 19, 2010 | Docket: 2403500

Published

limited to joint tortfeasors. Florida Statute § 768.31(5) states: (5) Release or covenant not to sue

Shah v. Bland

973 So. 2d 1188, 2008 WL 108751

District Court of Appeal of Florida | Filed: Jan 11, 2008 | Docket: 1851359

Published

entered against them in favor of his wife. See § 768.31, Fla. Stat. (2001). Although it is unlikely that

United States Fidelity & Guaranty Co. v. Liberty Surplus Insurance

485 F. Supp. 2d 1326, 2007 U.S. Dist. LEXIS 32232

District Court, M.D. Florida | Filed: May 2, 2007 | Docket: 65970828

Published

joint tortfea-sors, as required by Florida Statute § 768.31(2), part of Florida’s Uniform Contribution Among

US Fidelity & Guar. v. LIBERTY SURPLUS INS.

485 F. Supp. 2d 1326

District Court, M.D. Florida | Filed: May 2, 2007 | Docket: 2288003

Published

joint tortfeasors, as required by Florida Statute § 768.31(2), part of Florida's Uniform Contribution Among

Travelers Indemnity Co. v. Integon General Insurance Co.

748 So. 2d 362, 2000 Fla. App. LEXIS 88, 2000 WL 6094

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 64793822

Published

action against Integ-on for contribution under section 768.31, Florida Statutes, the Uniform Contribution

Carlson v. American Airlines, Inc.

24 F. Supp. 2d 1340, 1998 U.S. Dist. LEXIS 17510

District Court, S.D. Florida | Filed: Feb 25, 1998 | Docket: 64293188

Published

law rule. *1348As adopted by Florida (Fla.Stat. § 768.31), the Uniform Contribution Among Tortfea-sors

Carlson v. American Airlines, Inc.

24 F. Supp. 2d 1340, 1998 U.S. Dist. LEXIS 17510

District Court, S.D. Florida | Filed: Feb 25, 1998 | Docket: 64293188

Published

law rule. *1348As adopted by Florida (Fla.Stat. § 768.31), the Uniform Contribution Among Tortfea-sors

Chiang v. Wildcat Groves, Inc.

703 So. 2d 1083, 1997 Fla. App. LEXIS 11529, 1997 WL 634125

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64777895

Published

Uniform Contribution Among Tortfeasors Act, section 768.31. Subsection (2)(a) of the act provides for

Mikes v. City of Hollywood

687 So. 2d 1381, 1997 Fla. App. LEXIS 1549, 1997 WL 78205

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 64771171

Published

discourage settlement and defeat Florida Statutes section 768.31(5), which provides that a joint tortfeasor

Insurance Co. of North America v. Quality Commercial Group, Inc.

687 So. 2d 960, 1997 Fla. App. LEXIS 1007, 1997 WL 63670

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 64771097

Published

one-year statute of limitations contained in section 768.31, Florida Statutes (1991), because INA’s action

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

(expanding concept to non-tort eases). Similarly, section 768.31, Florida Statutes (1991), provides in part:

Walton Dodge Chrysler-Plymouth Jeep & Eagle, Inc. v. H.C. Hodges Cash & Carry, Inc.

679 So. 2d 827, 1996 Fla. App. LEXIS 9258, 1996 WL 496161

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 64767453

Published

Uniform Contribution Among Tort-Feasors’ Act,, section 768.31(2)(a) (1993). That act provides for the right

Mathias v. Uniroyal Goodrich Tire Co.

677 So. 2d 328, 1996 Fla. App. LEXIS 4385, 1996 WL 210609

District Court of Appeal of Florida | Filed: May 1, 1996 | Docket: 64766303

Published

summary judgment on Mathias’s contribution claim. Section 768.31(2)(b) of the Uniform Contribution Among Tortfeasors

Godales v. Y.H. Investments Inc.

667 So. 2d 871, 1996 Fla. App. LEXIS 559, 1996 WL 34065

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 64762197

Published

fault. Ch. 75-108, Laws of Fla. (1975); see also, § 768.31 Fla. Stat. (1993). In Shor v. Paoli, 353 So.2d

Carpenter v. Bachman Enterprises Inc.

657 So. 2d 42, 1995 Fla. App. LEXIS 6928, 1995 WL 380060

District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 64757506

Published

all of its contribution rights arising under section 768.31, Florida Statutes. The court substituted Bachman

Hudson v. Moss

653 So. 2d 1071, 1995 Fla. App. LEXIS 3661, 1995 WL 170318

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755780

Published

supervising the child at the time of the drowning. See § 768.31, Fla.Stat. (1993). The case went to the jury,

City of Largo v. LaGrande

650 So. 2d 178, 1995 Fla. App. LEXIS 981, 1995 WL 49096

District Court of Appeal of Florida | Filed: Feb 8, 1995 | Docket: 64754180

Published

the good faith of the release as required by section 768.31(5), Florida Statutes (1993), and questioned

Boca Raton Transportation, Inc. v. Zaldivar

648 So. 2d 812, 1995 Fla. App. LEXIS 59, 1995 WL 1638

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 64753446

Published

asserted that claims of contribution were barred by § 768.31, Florida Statutes (1991). Along with his answer

Csx Transportation, Inc. v. Whittler

645 So. 2d 2, 1994 Fla. App. LEXIS 6892, 1994 WL 330324

District Court of Appeal of Florida | Filed: Jul 13, 1994 | Docket: 64752134

Published

court never mentioned in its final judgment section 768.31(2)(d), Florida Statutes (1987), 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

liable for the same tort or death. In addition, section 768.31(5) provides: RELEASE OR COVENANT NOT TO SUE

Sacred Heart Hospital of Pensacola v. Frazier

621 So. 2d 491, 1993 WL 225637

District Court of Appeal of Florida | Filed: Jun 28, 1993 | Docket: 64697644

Published

the Empie lawsuit. Thereafter, pursuant to section 768.-31(2)(e), USF & G sought contribution from appellee

Sun Bank/South Florida, N.A. v. Lugo (In re Lugo)

140 B.R. 917, 1992 Bankr. LEXIS 884

United States Bankruptcy Court, S.D. Florida. | Filed: Jun 2, 1992 | Docket: 65780358

Published

of trust or of other fiduciary obligation.” Fla.Stat. 768.31(2)(g).6 Finally, we find that even if Sun

Weddle v. Voorhis

586 So. 2d 494, 1991 Fla. App. LEXIS 9860, 1991 WL 193134

District Court of Appeal of Florida | Filed: Sep 30, 1991 | Docket: 64661788

Published

share of the judgment entered, pursuant to section 768.31, Florida Statutes (1989), and to credit him

Alexander v. Seaquest Inc.

575 So. 2d 765, 1991 Fla. App. LEXIS 1742, 1991 WL 28389

District Court of Appeal of Florida | Filed: Mar 6, 1991 | Docket: 64656878

Published

to settle, thus frustrating the purpose of section 768.31(5), Florida Statutes (1987). GLICKSTEIN and

Columbia County Sheriff's Office v. Florida Department of Law Enforcement

574 So. 2d 234, 1991 Fla. App. LEXIS 775, 1991 WL 10397

District Court of Appeal of Florida | Filed: Jan 30, 1991 | Docket: 64656315

Published

to comply with the limitations provision in section 768.31(4)(d)2., Florida Statutes (1987).1 We reverse

Kane ex rel. Kane v. Portwood

573 So. 2d 980, 1991 Fla. App. LEXIS 446

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 64656047

Published

her grandparents for contribution pursuant to section 768.31, Florida Statutes (1989), seeking a pro rata

F.H.W. & C., Inc. v. American Hospital of Miami, Inc. ex rel. Florida Hospital Trust Fund

575 So. 2d 1300, 1991 Fla. App. LEXIS 357, 1991 WL 4329

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 64657046

Published

Gelfand Roofing, Inc., 453 So.2d 1365 (Fla.1984). Section 768.31, Florida Statutes (1989), Florida’s Contribution

Baptist Hospital of Miami, Inc. v. Abaunza

563 So. 2d 174, 1990 Fla. App. LEXIS 4246, 1990 WL 78573

District Court of Appeal of Florida | Filed: Jun 12, 1990 | Docket: 64651188

Published

and his professional association pursuant to section 768.31, Florida Statutes (1989). Insofar as pertinent

Seaboard System Railroad v. Goforth

545 So. 2d 482, 14 Fla. L. Weekly 1507, 1989 Fla. App. LEXIS 3537, 1989 WL 66160

District Court of Appeal of Florida | Filed: Jun 22, 1989 | Docket: 64643312

Published

third-party action for contribution pursuant to section 768.31, Florida Statutes, against the truck owner

Publix Super Markets, Inc. v. Jewelcor Jewelers & Distributors, Inc.

541 So. 2d 1300, 14 Fla. L. Weekly 916, 1989 Fla. App. LEXIS 1915, 1989 WL 33946

District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 64641985

Published

Uniform Contribution Among Tortfeasors Act, section 768.31(2)(c), Florida Statutes (1985), barred Jewelcor

Creditbank v. Milwaukee Electrical Construction, Inc.

707 F. Supp. 513, 1988 WL 150279

District Court, S.D. Florida | Filed: Sep 22, 1988 | Docket: 66178127

Published

contribution from the UNITED STATES, pursuant to F.S. § 768.31. Third Party Defendant, the UNITED STATES, now

McCray v. Adams

529 So. 2d 1131, 13 Fla. L. Weekly 873, 1988 Fla. App. LEXIS 1426, 1988 WL 31708

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 64636461

Published

giving Rowe, Jr., a claim against Skolsky. Section 768.-31 Florida Statute (1985), provides that, “when

Williams v. United States

674 F. Supp. 334, 1987 U.S. Dist. LEXIS 11429, 1987 WL 21079

District Court, N.D. Florida | Filed: Nov 20, 1987 | Docket: 66173989

Published

Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes (1976). Defendant Dyson was

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

Subsequently, the non-settling defendant, pursuant to section 768.31(5), Florida Statutes,1 was given credit against

Jewelcor Jewelers & Distributors, Inc. v. Southern Ornamentals, Inc.

499 So. 2d 850, 11 Fla. L. Weekly 2487, 1986 Fla. App. LEXIS 10790

District Court of Appeal of Florida | Filed: Nov 26, 1986 | Docket: 64623960

Published

contribution from Publix and Madeira under section 768.31(c), Florida Statutes (1985), then Publix and

Robert L. Turchin, Inc. v. Cather Industries, Inc.

487 So. 2d 1179, 11 Fla. L. Weekly 1002, 1986 Fla. App. LEXIS 7569

District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 64619071

Published

guilty of a violation of a fiduciary duty. Section 768.31, Florida Statutes (1983).1 This appeal ensued

Fleisher v. Florida Patient's Compensation Fund

498 So. 2d 436, 11 Fla. L. Weekly 941, 1986 Fla. App. LEXIS 7412

District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 64623435

Published

[Contribution Act], § 768.-31, Fla.Stat. (1983). The separate action authorized by section 768.31(4)(c), Florida

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

contribution from joint tortfeasors pursuant to section 768.31, Florida Statutes, the “Uniform Contribution

Sell v. Torres

462 So. 2d 1206, 1985 Fla. App. LEXIS 12240

District Court of Appeal of Florida | Filed: Feb 5, 1985 | Docket: 64609620

Published

Gordon, 328 So.2d 206 (Fla. 3d DCA 1976); Section 768.31(5) Florida Statutes (1981).

Dudley v. Carroll

467 So. 2d 706, 10 Fla. L. Weekly 298, 1985 Fla. App. LEXIS 12165

District Court of Appeal of Florida | Filed: Jan 31, 1985 | Docket: 64611470

Published

appellants’ motion for contribution pursuant to section 768.31, Florida Statutes (1979), filed against John

Department of Transportation v. General Portland, Inc.

443 So. 2d 276, 1983 Fla. App. LEXIS 25243

District Court of Appeal of Florida | Filed: Dec 20, 1983 | Docket: 64601957

Published

Holmes County, 409 So.2d 78 (Fla. 1st DCA 1982); section 768.31, Florida Statutes (1981) (Uniform Contribution

South Shore Hospital v. Easton

441 So. 2d 161, 1983 Fla. App. LEXIS 24257

District Court of Appeal of Florida | Filed: Nov 15, 1983 | Docket: 64600997

Published

Uniform Contribution Among Joint Tortfeasors Act, section 768.31(5), Florida Statutes (1981), states: (5) Release

Rinek v. State, Department of Transportation

442 So. 2d 996, 1983 Fla. App. LEXIS 24132

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 64601786

Published

denial of a statutory right to contribution. Section 768.31(2)(d), Florida Statutes (1981), adequately

Miami Valley Broadcasting Corp. v. Lang

429 So. 2d 1333, 1983 Fla. App. LEXIS 19612

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 64596478

Published

Lang’s jury award by $127,500,4 pursuant to Section 768.31(5), Florida Statutes (1981). The trial court

South Carolina Insurance v. Ryder Truck Rental, Inc.

425 So. 2d 1199, 1983 Fla. App. LEXIS 18529

District Court of Appeal of Florida | Filed: Jan 28, 1983 | Docket: 64594897

Published

not specifically named therein, pursuant to section 768.31(5), Florida Statutes. This court then logically

Blocker v. Wynn

425 So. 2d 166

District Court of Appeal of Florida | Filed: Jan 7, 1983 | Docket: 1657828

Published

tortfeasors, the court applied the then newly-enacted Section 768.31, Florida Statutes (1975) as the rule in Florida

Aetna Casualty & Surety Co. v. Volkswagen of America, Inc.

419 So. 2d 418, 1982 Fla. App. LEXIS 21172

District Court of Appeal of Florida | Filed: Sep 21, 1982 | Docket: 64592092

Published

judgment that the cause was time-barred under Section 768.-31(4)(d)2, Florida Statutes (1979). Affirmed.

Rebhan Leasing Corp. v. Trias

419 So. 2d 352, 1982 Fla. App. LEXIS 20994

District Court of Appeal of Florida | Filed: Aug 24, 1982 | Docket: 64592063

Published

claim for contribution was properly dismissed. § 768.-31(5)(b), Fla.Stat. (1977); Seaboard Coast Line Railroad

Harvey v. Huddle

416 So. 2d 1248, 1982 Fla. App. LEXIS 21092

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 64591284

Published

enforce contribution by a joint tortfeasor under Section 768.31, Florida Statutes (1979), is a compulsory counterclaim

Passaro v. City of Sunrise

415 So. 2d 162, 1982 Fla. App. LEXIS 20809

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 64590576

Published

counter claim the city asked for contribution per Section 768.31, Florida Statutes (1981). After discovery which

City of Live Oak v. Sargent-Sowell, Inc.

413 So. 2d 1241, 1982 Fla. App. LEXIS 19870

District Court of Appeal of Florida | Filed: Apr 29, 1982 | Docket: 64589961

Published

damages of $130,000. . *1243In accordance with section 768.31, Florida Statutes (1975), the trial court reduced

Dudley Sports Co. v. Berry

407 So. 2d 335, 1981 Fla. App. LEXIS 21996

District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 64586780

Published

severally liable in tort” for the same injury, then Section 768.31 does not apply, the appellants are entitled

Salley v. Charles R. Perry Construction, Inc.

403 So. 2d 556, 1981 Fla. App. LEXIS 20979

District Court of Appeal of Florida | Filed: Sep 4, 1981 | Docket: 64585005

Published

amended cross-claim for contribution under Section 768.31, Fla.Stat. (1979), against Perry, the general

South Puerto Rico Sugar Co. v. Tem-Cole, Inc.

403 So. 2d 494, 1981 Fla. App. LEXIS 20817

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 64584988

Published

Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes (1979). We applied this rule

South Puerto Rico Sugar Co. v. Tem-Cole, Inc.

403 So. 2d 494, 1981 Fla. App. LEXIS 20817

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 64584988

Published

Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes (1979). We applied this rule

Sproul v. McDonald's Systems, Inc.

397 So. 2d 462, 1981 Fla. App. LEXIS 19375

District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 64582167

Published

negligence, and seeking contribution pursuant to Section 768.31, Florida Statutes (1979). After McDonald’s

Socha v. Geist

392 So. 2d 945, 1980 Fla. App. LEXIS 17920

District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 64579822

Published

South Carolina Insurance Company is found in section 768.31(2), Florida Statutes (1977), as construed,

Lee v. Dunnigan

384 So. 2d 165, 1980 Fla. App. LEXIS 16103

District Court of Appeal of Florida | Filed: May 2, 1980 | Docket: 64576447

Published

So.2d at 621. Lee seeks contribution under Section 768.31(2)(a), Florida Statutes (1979), contending

Jones v. Barwick

386 So. 2d 7, 1980 Fla. App. LEXIS 15456

District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 64577424

Published

Contribution Among Joint Tort-feasors Act, Section 768.31, Florida Statutes. We answer the question in

Liachoff v. Marien

376 So. 2d 468, 1979 Fla. App. LEXIS 15791

District Court of Appeal of Florida | Filed: Nov 7, 1979 | Docket: 64572628

Published

11. That pursuant to Florida Statutes Annotated § 768.31, the Third Party Plaintiffs are entitled to contribution

Sheir v. Metropolitan Dade County

375 So. 2d 1114, 1979 Fla. App. LEXIS 15893

District Court of Appeal of Florida | Filed: Sep 25, 1979 | Docket: 64572364

Published

appellants’ cross-claim for contribution under Section 768.31, Florida Statutes, against Metropolitan Dade

Martinez v. Gonzalez

368 So. 2d 92, 1979 Fla. App. LEXIS 14568

District Court of Appeal of Florida | Filed: Mar 6, 1979 | Docket: 64568831

Published

Contribution Among Tortfeasors Act, Fla.Stat. § 768.31 (1975), specifically subsection (5)(b), settlement

Zuckerman & Vernon Corp. v. Motchkavitz

370 So. 2d 1170, 1979 Fla. App. LEXIS 14000

District Court of Appeal of Florida | Filed: Jan 31, 1979 | Docket: 64570177

Published

inherently implied in Florida’s Contribution Act, Section 768.31, Florida Statutes (1977). LETTS, MOORE and

South Puerto Rico Sugar Co. v. Tem-Cole, Inc.

370 So. 2d 1170, 1979 Fla. App. LEXIS 14002

District Court of Appeal of Florida | Filed: Jan 31, 1979 | Docket: 64570178

Published

Florida’s Contribution Act, Florida Statutes (1977) § 768.31. CROSS, LETTS and MOORE, JJ., concur.

Commercial Union Insurance v. Bayfront Medical Center

363 So. 2d 1124, 1978 Fla. App. LEXIS 16450

District Court of Appeal of Florida | Filed: Oct 11, 1978 | Docket: 64566852

Published

Count II which sought contribution pursuant to Section 768.31, Florida Statutes (1975). See Seaboard Coast

Leatherby Insurance Co. v. Eckerson

362 So. 2d 320, 1978 Fla. App. LEXIS 17175

District Court of Appeal of Florida | Filed: Aug 1, 1978 | Docket: 64565955

Published

were improper pursuant to then controlling Section 768.-31(3)(a) & (c), Florida Statutes (1975). Lincenberg

Metropolitan Dade County v. Asusta

359 So. 2d 58, 1978 Fla. App. LEXIS 16034

District Court of Appeal of Florida | Filed: Jun 6, 1978 | Docket: 64564637

Published

case was decided prior to the amendment of Section 768.31, Florida Statutes (1977). See Thayer v. State

Steak Enterprises, Inc. v. Claus

345 So. 2d 1075, 1976 Fla. App. LEXIS 16219

District Court of Appeal of Florida | Filed: Dec 10, 1976 | Docket: 64558569

Published

Uniform Contribution Among Tortfeasors Act, section 768.31, Florida Statutes, adopted by the Florida legislature

Lindsey v. Austin

336 So. 2d 486, 1976 Fla. App. LEXIS 15352

District Court of Appeal of Florida | Filed: Aug 17, 1976 | Docket: 64554773

Published

of action for contribution, as authorized by Section 768.31, Florida Statutes (1975), the Uniform Contribution

Rader v. Variety Children's Hospital

328 So. 2d 507, 1976 Fla. App. LEXIS 14884

District Court of Appeal of Florida | Filed: Mar 9, 1976 | Docket: 64552854

Published

remanded for further consideration in light of Section 768.31, Florida Statutes, and Lincenberg v. Issen

Johnson v. Ludwig

328 So. 2d 35, 1976 Fla. App. LEXIS 14785

District Court of Appeal of Florida | Filed: Feb 10, 1976 | Docket: 64552720

Published

hearing the motion, prior to the enactment of § 768.31 Fla.Stat., F.S.A. [Ch. 75-108] and the decision

Rader v. Variety Children's Hospital

328 So. 2d 506, 1976 Fla. App. LEXIS 14883

District Court of Appeal of Florida | Filed: Jan 16, 1976 | Docket: 64552853

Published

cause will be further considered in light of Section 768.31 Florida Statutes, and Lincenberg v. Issen,

Rader v. Variety Children's Hospital

323 So. 2d 564, 1975 Fla. LEXIS 4463

Supreme Court of Florida | Filed: Nov 26, 1975 | Docket: 64551175

Published

sub ju-dice, the Florida Legislature enacted Section 768.31, Florida Statutes, the Uniform Contribution

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.