Joint And Several Liability

986 Florida cases classified under this topic, plus 19 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Tejera v. Lincoln Lending Servs.
  271 So. 3d 97· Fla. 3d DCA· 2019-02-27 ·cited 7×
  A civil conspiracy claim alleging fraud in the inducement is an "action founded upon fraud" under Florida Statute § 95.031(2)(a), permitting application of the delayed discovery doctrine to determine when the four-year statute of limitations begins to run. The delayed discovery d
• Escadote I Corp. v. Ocean Three Ltd. P'ship
  211 So. 3d 1059· Fla. 3d DCA· 2016-12-21 ·cited 7×
  Escadote I Corp. appeals a trial court's decision to allow a $375,000 collateral set-off against a $2.05 million jury verdict, claiming that $374,500 of the settlement with the condominium association was allocated to statutory attorney's fees unique to that claim and should not
• The Fallstaff Grp., Inc. v. MPA Brickell KEY, LLC
  143 So. 3d 1139· Fla. 3d DCA· 2014-08-06 ·cited 7×
  MPA Brickell Key, LLC sought indemnification from Fallstaff Group, Inc. and Courvoisier Courts, LLC under a letter agreement for liabilities arising from a tax folio split dispute with a neighboring property owner, FBEC. The court held that MPA was entitled to indemnification for
• Masztal v. The City OF Miami
  971 So. 2d 803· Fla. 3d DCA· 2007-08-08 ·cited 7×
  Class action plaintiffs and their counsel settled individual claims for $7 million without class certification or judicial approval, receiving a grossly disproportionate settlement while the class could have recovered $24-70 million. The court affirmed the trial court's vacation
• In & for New Castle Cnty. E. I. du Pont de Nemours
  Del. Super. Ct.· 2006-07-31 ·cited 7×
  The court held that the 1985-year insurance policies are jointly and severally liable for Dupont's PB-related liabilities attributable to installations during the 1983, 1984, and 1985 policy years. All of Dupont's PB-related costs and liabilities were deemed to derive from its pr
• Burns Int'l Sec. Servs. Inc. OF Fla. v. Philadelphia Indem. Ins. Co.
  899 So. 2d 361· Fla. 4th DCA· 2005-03-23 ·cited 7×
  Burns International Security Services appeals a judgment for breach of its security contract at an industrial park where merchandise was stolen. The Fourth District affirmed Burns's liability for negligent security services but reversed and remanded on the calculation of damages
• Broz v. Eugenio Rodriguez, M.D.
  891 So. 2d 1205· Fla. 4th DCA· 2005-02-02 ·cited 7×
  Grace Broz appeals a summary judgment dismissing her medical malpractice claims against physicians and a medical facility on the grounds that her prior general release of the initial tortfeasor (Rocking Horse Ranch) barred subsequent claims against them as sequential tortfeasors.
• Warter v. Boston Sec., S.A.
  380 F. Supp. 2d 1299· S.D. Fla.· 2004-12-15 ·cited 7×
  The court granted the defendants' motion to dismiss on forum non conveniens grounds, finding Argentina to be an adequate and available alternative forum.
• Tampa Bay Econ. Dev. Corp. v. Edman
  598 So. 2d 172· Fla. 2d DCA· 1992-04-29 ·cited 7×
  Tampa Bay Economic Development Corporation sought to enforce a promissory note against Stephen Edman, the corporate secretary, arguing he was personally liable on a loan made to Producers Group. The Florida appellate court reversed the trial court's finding of ambiguity in the no
• In re Masters Mates & Pilots Pension Plan & Irap Litig. Andrew Cullen v. Riley
  957 F.2d 1020· 2d Cir.· 1992-02-21 ·cited 7×
  The court held that the district court erred in approving a class action settlement that unfairly barred non-settling defendants' rights to contribution and indemnity without adequately considering relative culpability.
• Chemung Canal Tr. Co. v. Sovran Bank/Maryland
  939 F.2d 12· 2d Cir.· 1991-07-25 ·cited 7×
  The court held that ERISA does not provide fiduciaries with causes of action for indemnification and contribution.
• Brod v. Ira L. Adler
  570 So. 2d 1312· Fla. 3d DCA· 1990-02-20 ·cited 7×
  In this partnership dispute, the trial court aggregated jury verdicts awarding damages to Adler against both Brod and G.M. Brod for breach of partnership, entering a joint and several judgment for the aggregate amount. The appellate court affirmed, holding that aggregating the da
• Lowell Staats Mining Co., Inc. v. Philadelphia Elec. Co.
  878 F.2d 1271· 10th Cir.· 1989-06-19 ·cited 7×
  The court held that claims against individuals and corporations were barred by res judicata, and the removal of the case to federal court was proper.
• E.B. Rood and David B. Webster v. McMAKIN
  538 So. 2d 125· Fla. 2d DCA· 1989-02-10 ·cited 7×
  Rood and Webster appeal from a judgment awarding McMakin a portion of attorney's fees collected in two negligence cases. The court affirms the award of fees based on quantum meruit but reverses the specific amounts awarded because the trial court failed to provide sufficient find
• DR. Bernard Heller Found. v. LEE
  847 F.2d 83· 3d Cir.· 1988-05-23 ·cited 7×
  The court held that expert witness fees are limited by 28 U.S.C. § 1821, and that the District Court of the Virgin Islands erred in awarding fees exceeding this limit. The court affirmed the award of attorneys' fees but remanded for further findings on deposition and travel costs
• Fed. Sav. & Loan Ins. Corp. v. Reeves
  816 F.2d 130· 4th Cir.· 1987-04-09 ·cited 7×
  The court held that FSLIC had standing to sue and that the settlement with outside directors did not bar the suit against the appealing defendants. However, the court reversed the judgment on Count I, finding no implied civil cause of action from the cited federal criminal statut
• In re Proceedings By Merrill Lynch Relocation Mgmt. v. Merrill Lynch Relocation Mgmt., Inc.
  812 F.2d 1116· 9th Cir.· 1987-03-12 ·cited 7×
  The court held that the Oregon statute making an attorney liable for the costs of a nonresident plaintiff is substantive law applicable in federal diversity actions and that the contempt order against the attorney was proper.
• Fed. Deposit Ins. Corp. v. Consol. Mortg. & Fin. Corp.
  805 F.2d 14· 1st Cir.· 1986-11-10 ·cited 7×
  The court held that the three-year statute of limitations applies to commercial loans and that Consolidated's acknowledgments of debt prevented the statute from barring the FDIC's claims. However, Suro's liability as a guarantor requires further factual development.
• Free v. Briody
  793 F.2d 807· 7th Cir.· 1986-06-11 ·cited 7×
  The court held that attorney's fees are recoverable under ERISA for post-judgment collection efforts and that the district court erred in denying fees for a portion of those efforts.
• Fischer v. Rodriguez-Capriles
  472 So. 2d 1315· Fla. 3d DCA· 1985-07-16 ·cited 7×
  Fischer appeals summary judgment entered against him individually on a check dishonor claim arising from a shipping contract dispute. The appellate court reversed, holding that summary judgment was improper because genuine issues of material fact remained regarding Fischer's indi
• Jefferson Barracks Marine Serv., Inc. v. Casey
  763 F.2d 1007· 8th Cir.· 1985-06-06 ·cited 7×
  The court held that the district court erred in enjoining the state court wrongful death action, as the claimants' stipulation preserved the vessel owners' right to limit liability.
• Curtis v. Cichon
  462 So. 2d 104· Fla. 2d DCA· 1985-01-16 ·cited 7×
  Curtis, an assignee of a promissory note and guarantor of a corporate debt, sought to collect the full amount from co-guarantors. The court affirmed that a guarantor cannot collect the full debt from co-guarantors but reversed the trial court's method of apportionment, holding th
• Rochelle v. United States
  521 F.2d 844· 5th Cir.· 1975-10-24 ·cited 7×
  A government tax claim against a partnership, which is also a personal liability of a partner, is subordinated by § 5g to individual creditors of the partner, but this subordination does not prevent the government from utilizing the set-off provision of § 68a against a claim of t
• Variety Child's. Hosp. v. Osle
  292 So. 2d 382· Fla. 3d DCA· 1974-04-02 ·cited 7×
  The court held that the jury's verdict finding both the hospital and the surgeon liable for medical malpractice was supported by sufficient evidence, and that the negligence of each was not an independent intervening cause.
• Skroh v. Newby
  237 So. 2d 548· Fla. 1st DCA· 1970-05-26 ·cited 7×
  In this consolidated wrongful death negligence action, the court reversed judgments for two defendants (a deputy sheriff and the sheriff) in a case where a third deputy's patrol car struck and killed a teenager on a motorcycle. The court held that the jury should have been allowe
• Goldstein v. Pettinger
  183 So. 2d 740· Fla. 3d DCA· 1966-03-01 ·cited 7×
  Goldstein and his wife appealed a decree finding them jointly and severally liable for wrongfully directing corporate checks and concealing business facts from the majority stockholder. The appellate court affirmed the lower court's findings, holding that sufficient evidence supp
• Salcedo v. Se. Natural GAS Co.
  171 So. 2d 398· Fla. 3d DCA· 1965-02-09 ·cited 7×
  A plaintiff sought to dismiss three of four defendants in a negligence action arising from a gas explosion but continue the case against the fourth defendant, Southeastern Natural Gas Co. The trial court dismissed the entire case, but the appellate court reversed, holding that a
• Wishart v. The Gates Rubber Co. Sales Div., Inc.
  163 So. 2d 503· Fla. 3d DCA· 1964-04-21 ·cited 7×
  Wishart, an officer and guarantor of Gene Mann Tire Service, appeals a directed verdict holding him jointly and severally liable for the corporation's debt to Gates Rubber Company. The court affirmed, finding no genuine factual disputes regarding either the credit limit defense o
• Armenian Hotel Owners, Inc. v. Kulhanjian
  96 So. 2d 146· Fla.· 1956-11-28 ·cited 7×
  The Florida Supreme Court affirmed a lower court's decree, finding no reversible error and no ambiguity in the awarded damages. The decree clearly established the liability of individual defendants for specific portions of the total damages awarded to the corporation.
• Ferrall v. Bradford
  2 Fla. 508· Fla.· 1849-01-01 ·cited 7×
  In this 1849 Florida case, the court addresses whether a judgment obtained against one joint obligor on a bond bars subsequent suit against other joint obligors, and whether fraudulent representations by defendants that induced plaintiff's attorney to sue only one defendant can d
• Am. Prime Title Servs., LLC v. ZHI Wang
  317 So. 3d 1183· Fla. 3d DCA· 2021-02-03 ·cited 6×
  Certiorari is not available to review a discovery order denying disclosure of settlement amounts where the trial court has indicated it will revisit the setoff issue after liability is determined, because any error in the timing and sequencing of discovery is remediable on plenar
• SGM Bldg. Grp., Inc. v. SWF Premium Real Est., LLC
  Fla. 2d DCA· 2018-11-16 ·cited 6×
  A non-party to a contract may not recover for breach thereof absent proof of third-party beneficiary status, and summary judgment cannot be granted in favor of a party seeking to enforce a contract on an as-yet unpled cause of action.
• Ecoventure WGV, Ltd. v. Saint Johns Nw. Residential Ass'n, Inc.
  56 So. 3d 126· Fla. 5th DCA· 2011-03-11 ·cited 6×
  The court held that applying section 720.3085, Florida Statutes, to impose joint and several liability on a foreclosing mortgagee for unpaid assessments incurred by its mortgagor, where the mortgage and declaration predated the statute's enactment, impermissibly impairs the mortg
• Hall, Lamb & Hall, P.A. v. Sherlon Invs. Corp.
  7 So. 3d 639· Fla. 3d DCA· 2009-04-22 ·cited 6×
  A party to a settlement that has notice of an attorney's charging lien has an affirmative duty to notify the attorney and protect the lien interest in settlement proceeds. Where a party fails to do so and pays the settlement directly to the client without safeguards for the lien,
• McFARLAND & SON, Inc. v. Royal Mende Basel and Steven Kane
  877 So. 2d 964· Fla. 5th DCA· 2004-07-30 ·cited 6×
  McFarland & Son, Inc. and Jonathan Queen appealed an order awarding costs to Royal Basel and Steven Kane following a traffic accident judgment. The court affirmed the trial court's award of costs, holding that when a judgment is reversed and a corrected judgment is entered in fav
• Nationsbank, N.A. v. KPMG Peat Marwick LLP
  813 So. 2d 964· Fla. 4th DCA· 2002-02-20 ·cited 6×
  Three banks sued their borrower's auditor, KPMG, for negligent misrepresentation, claiming reliance on inaccurate audited financial statements in managing a line of credit. The court affirmed the jury's finding of liability against KPMG but reversed the trial court's grant of set
• Se. Staffing Servs., Inc. v. Fla. Dep't OF Ins.
  728 So. 2d 248· Fla. 1st DCA· 1998-12-11 ·cited 6×
  This case addresses whether a receivership of an insolvent workers' compensation self-insurance fund can assess fund members for workers' compensation claims paid by a guaranty association. The Florida First District Court of Appeal affirmed that the receiver could make such asse
• Phillips v. Parkside OF Fountainbleau Condo. Ass'n, Inc.
  634 So. 2d 1101· Fla. 3d DCA· 1994-04-05 ·cited 6×
  The trial court erred in giving the jury an incorrect jury instruction and verdict form, preventing separate findings of liability.
• Carmel Lee Labelle v. Rupert C. Labelle
  624 So. 2d 741· Fla. 5th DCA· 1993-08-27 ·cited 6×
  In this Florida dissolution proceeding appeal, the court addressed whether an ex-wife could intervene as a judgment creditor in her ex-husband's divorce and whether she could recover a joint judgment against both the ex-husband and his current wife for fraud. The court affirmed t
• Bel-Bel Int'l Corp. v. Barnett Bank of S. Fla., N.A.
  158 B.R. 252· S.D. Fla.· 1993-08-17 ·cited 6×
  The court held that the defendants' motions to stay proceedings and dismiss counterclaims were unpersuasive, denying the stay and granting the dismissals.
• In re Hemingway Transp., Inc. v. Kahn
  993 F.2d 915· 5th Cir.· 1993-05-04 ·cited 6×
  The court held that a contingent CERCLA contribution claim against a bankruptcy estate is subject to disallowance under Bankruptcy Code § 502(e)(1)(B), but this disallowance can be mitigated by filing a surrogate claim for the creditor (EPA) if the creditor does not file its own
• Quartet Music v. Kissimmee Broad., Inc.
  795 F. Supp. 1100· M.D. Fla.· 1992-05-19 ·cited 6×
  An individual who is the dominant influence in a corporation and can control its infringing acts may be held jointly and severally liable for copyright infringement, even without actual knowledge.
• McDONALD v. Myers, Sr.
  946 F.2d 1059· 4th Cir.· 1991-10-11 ·cited 6×
  The court held that arbitration is not a jurisdictional prerequisite for withdrawal liability collection suits under MPPAA, and that a bankruptcy discharge of one member of a controlled group does not discharge the liability of other solvent members.
• Constructores Tecnicos v. Sea-Land Serv., Inc.
  945 F.2d 841· 5th Cir.· 1991-10-10 ·cited 6×
  The court held that a clean bill of lading creates a presumption of below-deck stowage, and on-deck stowage without shipper consent is an unreasonable deviation under COGSA, stripping the carrier of liability limitations. The court also held that a non-settling defendant is entit
• Eagle Assocs. v. Bank OF Montreal
  926 F.2d 1305· 2d Cir.· 1991-02-11 ·cited 6×
  The court affirmed the district court's judgment. The concurring opinion disagreed with the majority's reasoning regarding partnership representation.
• Nat'l Labor Relations Bd. v. Manitowoc Eng'g Co. & Clipper City Lodge No. 516, Dist. 10, Int'l Ass'n of Machinists & Aerospace Workers, AFL-CIO
  909 F.2d 963· 7th Cir.· 1990-08-02 ·cited 6×
  The court held that the maintenance and application of Article V, § 17 of the collective bargaining agreement, which required unit employees promoted to supervisor status to maintain union membership or obtain a withdrawal card to preserve their right to return to the bargaining
• Sheldon v. Munford, Inc.
  902 F.2d 7· 7th Cir.· 1990-05-15 ·cited 6×
  A supersedeas bond does not prevent the automatic stay provision of the Bankruptcy Code from applying to an appeal.
• Fed. Deposit Ins. Corp. v. Municipality OF Ponce
  904 F.2d 740· 1st Cir.· 1990-05-14 ·cited 6×
  The court held that the Municipality of Ponce was estopped under federal common law from asserting the invalidity of loan guarantees, and that the FDIC had complied with contractual conditions precedent to enforcement.
• In re Ashley v. C. Eugene Church
  903 F.2d 599· 9th Cir.· 1990-02-08 ·cited 6×
  The court held that the bankruptcy court did not err in admitting deposition testimony or in determining the debt was nondischargeable under 11 U.S.C. § 523(a)(2), but erred in awarding attorney's fees under California law.
• Cleveland v. Piper Aircraft Corp.
  890 F.2d 1540· 10th Cir.· 1989-11-15 ·cited 6×
  The court held that New Mexico law requires comparison of negligence between initial collision tortfeasors and crashworthiness tortfeasors, vacating the judgment and remanding for a new trial.