The 2023 Florida Statutes (including Special Session C)
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. . . Such claim is for contribution pursuant to s. 768.31, it must be so presented within 6 months after the . . .
. . . . § 768.31(e). . . . Id. § 768.31(a). . . .
. . . (creating § 768.31, Fla. Stat. (1975)). . . .
. . . 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. . . .
. . . because the non-settling tortfeasors lose their right to settle, thus frustrating the purpose of section 768.31 . . .
. . . “Florida law regarding setoffs is found in sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes . . .
. . . See § 768.31(2), Fla. Stat. (2013). . . .
. . . Stat. (2012) (containing materially identical language); see also § 768.31(5), Fla. . . .
. . . . § 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 . . .
. . . Miami-Dade County is entitled to contribution from Blue Martini pursuant to Florida Statutes, section 768.31 . . .
. . . . § 768.31 for contribution (among tortfeasors) toward a settlement-when such statutoiy-based action . . .
. . . . § 768.31 (governing contri-button among tort defendants). . . .
. . . 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). . . .
. . . 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. . . .
. . . 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 . . .
. . . 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. . . .
. . . Trustee argues that he is not seeking contribution in this action and, therefore, Florida Statutes § 768.31 . . .
. . . Florida Statute § 768.31(5) states: (5) Release or covenant not to sue.— When a release or a covenant . . .
. . . The right to seek contribution is statutory, and is found in section 768.31(2)(a), Florida Statutes: . . .
. . . 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. . . .
. . . appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31 . . .
. . . 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 . . .
. . . . § 768.31(2) (West 2000). . . .
. . . See § 768.31(2)(d), Fla. Stat. . . .
. . . appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31 . . .
. . . See § 768.31, Fla. Stat. (2001). . . .
. . . contention that it and Liberty Surplus are not joint tortfea-sors, as required by Florida Statute § 768.31 . . .
. . . that are adjudged to be due in excess of the Huets’ pro rata share of liability, pursuant to section 768.31 . . .
. . . . § 768.31(4)(d); and (2) there can be no action for contribution when a joint tortfeasor settles but . . .
. . . See § 768.31(2)(e), Fla. . . .
. . . appropriate agency denies the claim in writing; except that if such claim is for contribution pursuant to s. 768.31 . . .
. . . 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 . . .
. . . See §§ 46.015(2), 768.041, 768.31, Fla. Stat.; see also NationsBank, N.A. v. . . .
. . . 768.81(3), Florida Statutes (Supp.1988), and Florida’s setoff statutes, sections 46.015, 768.041, and 768.31 . . .
. . . appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31 . . .
. . . 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 . . .
. . . See § 768.31(2)(c), Fla. Stat. (1997). . . .
. . . 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 . . .
. . . Section 768.31, The Uniform Contribution Among Tortfeasors Act, provides: (2) Right to contribution.— . . .
. . . applies only when a codefendant is seeking to protect his statutory right to contribution under section 768.31 . . .
. . . 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. . . .
. . . 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. . . .
. . . See §§ 46.015, 768.31, 768.041, Fla. Stat. (2000). . . . .
. . . accrues; except that an action for contribution must be commenced within the limitations provided in s. 768.31 . . .
. . . . § 768.31, Fla. Stat. (1997). . . . . § 768.31(2)(a). . . .
. . . section 768.0425 is part of Chapter 768, which is entitled “Negligence,” and sections 768.041 through 768.31 . . .
. . . 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 . . .
. . . viable contribution claim against Roberts under the Uniform Contribution Among Tortfeasor’s Act, section 768.31 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 768.31 (1997); see also Restatement (Second) of Torts § 886A (1982 App.) . . .
. . . 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 . . .
. . . that West American was not a joint tortfeasor and therefore it could not sue Yellow Cab under section 768.31 . . .
. . . . § 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). . . .
. . . . § 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 . . .
. . . 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 . . .
. . . However, recognizing that the legislature had recently passed section 768.31, Florida Statutes (1975) . . .
. . . Count V is a contribution claim under § 768.31, Fla. Slat., and under Florida common law. . . .
. . . further noted that to hold otherwise would discourage settlement and defeat Florida Statutes section 768.31 . . .
. . . 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 . . .
. . . § 86 at 389-90 (1937) (noting need for common liability to trigger right of contribution); accord § 768.31 . . .
. . . 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). . . .
. . . here was an action for contribution under the Uniform Contribution Among Tort-Feasors’ Act,, section 768.31 . . .
. . . (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 . . .
. . . Poseidon Maritime Servs., 561 So.2d 1360, 1361 (Fla. 3d DCA 1990) (citing § 768.31(2)(c), Fla.Stat. ( . . .
. . . 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 . . .
. . . negligence, the legislature allowed joint tortfeasors to seek contribution from one another in section 768.31 . . .
. . . .” § 768.31(2)(a), Fla.Stat. (1993). . . . .” § 768.31(4)(b), Fla.Stat. (1993). . . .
. . . Ch. 75-108, Laws of Fla. (1975); see also, § 768.31 Fla. Stat. (1993). In Shor v. . . .
. . . accrues; exeept that an action for contribution must be commenced within the limitations provided in s. 768.31 . . .
. . . See §§ 768.04(1) and 768.31(5), Fla.Stat. . . .
. . . 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 . . .
. . . 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 . . .
. . . VI, which seeks contribution under the Florida Uniform Contribution Among Joint Tortfeasors Act [§ 768.31 . . .
. . . 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 . . .
. . . See § 768.31, Fla.Stat. (1993). . . .
. . . Grecos’ claim against the City, we cannot say that the good faith of the release as required by section 768.31 . . .
. . . . §§ 768.31, 768.81; Ga.Code Ann. §§ 51-12-32, 51-12-33; Haw.Rey.Stat. §§ 663-10.9, 663-12, 663-14, 663 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . Section 768.31(5), Florida Statutes (1991), the Uniform Contribution Among Joint Tortfeasors Act, provides . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Plaintiff argues that the jury may not apportion fault pursuant to Section 768.31 against Mr. . . .
. . . appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31 . . .
. . . argument that our interpretation of section 768.81(3) when coupled with the right to setoff under section 768.31 . . .
. . . And under Florida law § 768.31(2)(c) and (g), there is no right of contribution for intentional torts . . .
. . . . § 768.31. . . . FlaStat. § 768.31(2)(a). . . . Accordingly, no § 768.31 contribution rights exist. . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 768.31(2)(a) & (b), Fla.Stat. (Supp.1990) (emphasis added). . . .
. . . Widener, 159 So.2d 267 (Fla. 2d DCA 1963); § 768.31, Fla.Stat. (1989). . . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .