Martinez v. Gonzalez

District Court of Appeal of Florida

Decided March 6, 1979

District Court of Appeal of Florida · decided 1979-03-06

Cited by 2 later decisions — most recently June 1982

2 state decisions

Relies on 280 So. 2d 431 - Hoffman v. Jones · 328 So. 2d 206 - Seaboard Coast Line RR Co. v. Gordon

Good law ✅— No negative treatment on recordhow we know

Decided 1979-03-06

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HENDRY, Judge.

¶1Affirmed. Under provisions of the Uniform Contribution Among Tortfeasors Act, Fla.Stat. § 768.31 (1975), specifically subsection (5)(b), settlement with one of two or more joint tortfeasors discharges the settling tortfeasor from all liability for contribution to other tortfeasors, Seaboard Coast Line Railroad Company v. Gordon, 328 So.2d 206 (Fla. 1st DCA 1976).

¶2But see, cogent discussion of the effects of the settlement and release provisions, 30 U. Miami L. Rev. 713 (Spring 1976). The comment points out the inherent inequities and inconsistencies of the said provisions with the spirit of the pre-Act case of Hoffman v. Jones, 280 So.2d 431 (Fla.1973).