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

• Crane Co. v. Bradford Builders, Inc.
  116 So. 2d 794· Fla. 3d DCA· 1960-01-07 ·cited 4×
  A counterclaimant seeking relief on a claim against a principal on a surety bond is entitled under Rule 1.13(8) to join the surety as a necessary party defendant when the surety's presence is required to grant complete relief and jurisdiction can be obtained.
• Int'l Bhd. OF Teamsters v. Morrison-Knudsen Co., Inc.
  270 F.2d 530· 9th Cir.· 1959-07-27 ·cited 4×
  The court held that the Hanford Works Area was within the territory covered by the labor contracts, and that the unions' actions constituted a breach of contract for which damages were properly awarded.
• United States v. Wainer
  240 F.2d 595· 7th Cir.· 1957-01-03 ·cited 4×
  The court held that a restrictive statement executed concurrently with an offer in compromise, even if not perfectly integrated into the IRS form, effectively reserved the government's rights against other jointly and severally liable parties.
• Barnes v. Beaumont
  70 So. 2d 560· Fla.· 1954-02-26 ·cited 4×
  Mrs. Beaumont sought to recover losses on stock options purchased through Harry Winston based on an indemnification agreement signed by Winston and Malvina Barnes. The Florida Supreme Court affirmed in part and reversed in part, holding that Mrs. Beaumont's forbearance constitute
• Doggrell v. Great S. Box Co., Inc.
  206 F.2d 671· 6th Cir.· 1953-07-09 ·cited 4×
  The court held that a federal court is not bound by unpublished decisions of a state trial court and must apply the law of the state of incorporation as interpreted by its highest court, even if a lower state court reached a contrary conclusion.
• Thompson v. Johnson
  180 F.2d 431· 5th Cir.· 1950-03-02 ·cited 4×
  The court held that defendants acting in concert are jointly and severally liable for the torts committed during their common enterprise, including punitive damages, even if they did not directly inflict the injury or fully foresee its extent.
• Mather v. Commissioner of Internal Revenue
  149 F.2d 393· 6th Cir.· 1945-05-23 ·cited 4×
  The court held that the petitioners, as residuary legatees, were not entitled to a bad debt deduction for payments made on a joint note, as they did not stand in the shoes of the original accommodation maker and lacked a direct legal obligation to pay.
• Fechheimer Bros. Co. v. Barnwasser
  146 F.2d 974· 6th Cir.· 1945-01-22 ·cited 4×
  The court held that individual claims against numerous defendants cannot be aggregated to meet the federal jurisdictional amount requirement in diversity cases.
• Bass v. Mrs. M. A. Geiger
  73 Fla. 312· Fla.· 1917-02-09 ·cited 4×
  This case concerns whether a bankruptcy discharge of one co-debtor releases other co-debtors from liability on a joint and several promissory note. The court held that the bankruptcy discharge of one co-debtor does not alter the liability of the other co-debtors, affirming the lo
• Mitchell v. Cotton
  3 Fla. 134· Fla.· 1850-01-01 ·cited 4×
  Mitchell sued on a joint promissory note executed by Doggett and Cotten in 1841 for $15,955 with 10% interest. Cotten was a surety for principal obligor Doggett. The court held that a subsequent secret agreement between Doggett and Mitchell for additional usurious interest (2.5%)
• Guardianship of Jacquelyn Anne Faircloth v. Main St. Ent., Inc.
  342 So. 3d 232· Fla.· 2024-03-07 ·cited 3×
  The Florida Supreme Court held that a tort action against a vendor for willfully and unlawfully selling alcohol to an underage patron is a negligence action for purposes of the comparative fault statute, even though the dram shop statute requires willful misconduct. This decision
• Bona Vista Condo. Ass'n, Inc. v. FNS6, LLC
  194 So. 3d 490· Fla. 3d DCA· 2016-06-01 ·cited 3×
  Bona Vista Condominium Association appeals a declaratory judgment finding that FNS6, LLC is not obligated to pay nearly $21,000 in condominium assessments that came due while Bona Vista owned the unit. The court affirmed, holding that although FNS6 and Bona Vista are jointly and
• Aventura Mgmt., LLC v. Spiaggia Ocean Condo. Ass'n, Inc.
  149 So. 3d 690· Fla. 3d DCA· 2014-03-05 ·cited 3×
  A Florida appellate court clarifies its prior ruling in Spiaggia I, holding that a condominium purchaser at a foreclosure sale is only liable for unpaid assessments that accrued during the immediate prior owner's tenure, not assessments from earlier owners. The court reverses the
• Claudio v. Misael Regalado, Sr.
  116 So. 3d 451· Fla. 2d DCA· 2013-03-01 ·cited 3×
  In this wrongful death and negligence case arising from a fatal auto collision, the appellate court reversed the trial court's denial of the defendant's right to file a counterclaim for contribution against the negligent plaintiff-driver, and held that the defendant should not be
• Jacobson v. Sklaire
  92 So. 3d 228· Fla. 3d DCA· 2012-04-25 ·cited 3×
  Co-trustees of a trust improperly diverted trust funds to pay their own attorney's fees during litigation with a beneficiary over a required distribution. After the beneficiary prevailed and was awarded fees and costs, the trial court held the co-trustees jointly and severally li
• Textron Fin. Corp. v. Lentine Marine Inc.
  2009 U.S. Dist. LEXIS 33874· S.D. Fla.· 2009-04-20 ·cited 3×
  The court granted partial summary judgment for the plaintiff on claims for inventory sold without repayment, repossession costs, interest, and the guarantors' liability, but denied it on the amount of the deficiency due to issues of commercial reasonableness.
• League of Women Voters of Fla. v. Cobb
  447 F. Supp. 2d 1314· S.D. Fla.· 2006-08-28 ·cited 3×
  The court held that the Third-Party Voter Registration Law unconstitutionally discriminates by exempting political parties and imposes unconstitutional fines that chill First Amendment rights.
• Hershell Gill Consulting Eng'rs, Inc. v. Miami-Dade Cnty.
  333 F. Supp. 2d 1305· S.D. Fla.· 2004-08-24 ·cited 3×
  The court held that Miami-Dade County's MWBE programs are unconstitutional as applied to A&E contracts and will be permanently enjoined. Commissioners are immune for past votes but liable for damages due to clearly established law. Plaintiffs are awarded nominal damages and attor
• Rosl, Inc. v. Jardins
  756 So. 2d 1078· Fla. 4th DCA· 2000-04-19 ·cited 3×
  Appellants appealed a bench trial judgment that nullified a real property conveyance and held them jointly and severally liable for any deficiency from the property's sale to satisfy a prior judgment. The court reversed the portion holding Jo Ann La Londe Rios jointly and several
• M.K. Foreman v. Russo
  624 So. 2d 333· Fla. 4th DCA· 1993-09-08 ·cited 3×
  A sanitation worker injured when a car struck his employer's garbage truck sued the corporate officers for gross negligence, arguing they were not entitled to workers' compensation immunity. The jury found three officers grossly negligent, and the appellate court affirmed, holdin
• In re AIR Crash Disaster Near Cerritos v. Aeronaves de Mexico, S.A.
  982 F.2d 1271· 9th Cir.· 1992-12-10 ·cited 3×
  The court held that the United States is entitled to a 100% offset for Warsaw Convention payments and that funeral expenses should not have been awarded to plaintiffs who did not incur them. It also remanded for a determination on discounting noneconomic damages to present value.
• Tragarz v. Keene Corp.
  980 F.2d 411· 7th Cir.· 1992-11-06 ·cited 3×
  The court held that direct testimony of exposure, even without specific job sites, is sufficient to support a jury finding of probable exposure, and that evidence of low-level asbestos exposure can be a substantial factor in causing mesothelioma.
• Fla. Mining & Materials Corp. v. Margaret van Antwerp and surviving spouse of John E. Van Antwerp
  601 So. 2d 621· Fla. 2d DCA· 1992-06-24 ·cited 3×
  The court held that the trial court erred in applying the apportionment of damages statute to a case that arose before its effective date, thus improperly limiting the judgment against the defendant.
• Mortgs., Inc. v. United States Dist. Court FOR THE Dist. OF Nev. (LAS Vegas)
  934 F.2d 209· 9th Cir.· 1991-05-24 ·cited 3×
  A qui tam plaintiff in a False Claims Act action cannot be subjected to third-party complaints seeking indemnification or contribution from the qui tam plaintiff for alleged fraud against the government.
• In re the Arb. between Tehran-Berkeley Civil & Env't Eng'rs
  888 F.2d 239· 2d Cir.· 1989-10-20 ·cited 3×
  The court held that the district court correctly determined that TAMS and AFFA executed the contract as joint obligors on behalf of the TAMS-AFFA joint venture, thus establishing the making of an arbitration agreement and compelling arbitration.
• Habibollah Haj Mohammad Hossein Kashi and Ashka B.M.M. v. Constantine G. Gratsos
  790 F.2d 1050· 2d Cir.· 1986-05-15 ·cited 3×
  The court held that the majority erred in reversing the district court's finding of limited liability for Gratsos, and that the district court's findings were not clearly erroneous.
• Harleysville Mut. Ins. Co., Inc. v. Nationwide Mut. Ins. Co.
  789 F.2d 272· 4th Cir.· 1986-04-24 ·cited 3×
  An insured plaintiff with a joint judgment against a known and unknown tortfeasor can seek satisfaction from their own uninsured motorist coverage before exhausting the known tortfeasor's liability insurance.
• Sit-Set v. Universal JET Exch., Inc.
  747 F.2d 921· 4th Cir.· 1984-11-01 ·cited 3×
  The court held that judicial intervention prejudiced the jury's consideration of the contract claim, requiring a new trial, and that a corporate officer could be held jointly and severally liable for the corporation's fraud.
• Stephen Bodzo Realty, Inc. v. Willits Int'l Corp.
  405 So. 2d 269· Fla. 4th DCA· 1981-10-28 ·cited 3×
  Stephen Bodzo Realty sued for consulting fees against multiple defendants. After settling with Willits International and its president for partial payment, Bodzo attempted to continue suit against the remaining defendants (Licron and Siemens). The court held that under Florida la
• AETNA Ins. Co. v. Buchanan
  369 So. 2d 351· Fla. 2d DCA· 1979-02-23 ·cited 3×
  Aetna Insurance Company sought indemnification from Robert Buchanan for claims arising from fraudulent securities sales by All-States Tax Exempt Securities, Inc. The court held that Buchanan, as an individual indemnitor under an indemnity agreement lacking termination provisions,
• Metro. Dade Cnty. & Marcos R. Correa v. Vilma Asusta
  359 So. 2d 58· Fla. 3d DCA· 1978-06-06 ·cited 3×
  The court held that the trial judge did not err in refusing the requested jury instruction and in entering judgment against all tortfeasors for the full amount of the verdict.
• Edwards v. Schilling
  14 Fla. Supp. 7· Duval Cty. Cir. Ct.· 1959-03-12 ·cited 3×
  A successful contributory negligence defense by a co-defendant inures to the benefit of a defaulting defendant when sued jointly, and the plaintiff is not entitled to a directed verdict on liability.
• Sater v. Stenor, Inc.
  160 Fla. 516· Fla.· 1948-06-01 ·cited 3×
  The court affirmed a directed verdict for the defendants, finding a fatal variance between the plaintiff's declaration and the evidence presented regarding commission for a real estate lease.
• Giles v. Fam. Fin. Serv., Inc.
  155 Fla. 506· Fla.· 1945-01-26 ·cited 3×
  The court held that an accommodation maker of a note secured by a wage assignment is considered a borrower under the statute, and the statute itself is constitutional.
• Mc Liberty Express v. All Points Servs.
  252 So. 3d 397· Fla. 3d DCA· 2018-08-08 ·cited 2×
  A trial court must make explicit findings that a claim or defense is frivolous and completely untenable before awarding attorney's fees under section 57.105, and such fees must be apportioned in equal amounts between the losing party and the losing party's attorney as the statute
• Austin & Laurato, P.A. v. State Farm Fla. Ins. Co.
  229 So. 3d 911· Fla. 5th DCA· 2017-11-17 ·cited 2×
  A law firm appeals a trial court's award of attorney's fees as sanctions under Florida Statute § 57.105(1) for filing a frivolous sinkhole complaint. The appellate court reverses and remands because the trial court failed to make adequate factual findings required to support sanc
• James R. Shoemaker, D.O. v. Sliger
  187 So. 3d 863· Fla. 5th DCA· 2016-02-12 ·cited 2×
  The court reversed the trial court's amended judgment that awarded post-trial interest from the jury verdict date rather than from the original judgment date. The court held that Florida Rule of Appellate Procedure 9.340(c), which provides that interest accrues from the verdict d
• MPA Brickell KEY, LLC v. The Fallstaff Grp., Inc.
  92 So. 3d 879· Fla. 3d DCA· 2012-07-11 ·cited 2×
  The Florida Third District Court of Appeal reversed a summary judgment, holding that an indemnification provision in a letter agreement was binding on an affiliate of the original buyer and that the seller's actions did not preclude indemnification. The court found that the affil
• Hennis v. City Tropics Bistro, Inc.
  1 So. 3d 1152· Fla. 5th DCA· 2009-01-23 ·cited 2×
  Randall Hennis sued City Tropics Bistro for negligent security after being injured in a parking lot altercation. The trial court allowed the jury to apportion fault among Hennis, his opponent Brad Betten, and City Tropics under Florida's comparative fault statute. Hennis appeals,
• Cousins Club Corp. v. Silva
  869 So. 2d 719· Fla. 4th DCA· 2004-04-07 ·cited 2×
  A nightclub was sued for negligence after a nineteen-year-old boxer suffered severe brain injuries during a promotional boxing event. The court affirmed the $12 million jury award to the injured boxer but reversed the parents' consortium damages award and addressed setoff issues
• Walker v. Bozeman
  243 F. Supp. 2d 1298· N.D. Fla.· 2003-02-11 ·cited 2×
  The court held that Florida law does not permit setoff of settlement proceeds against non-economic damages and that attorney's fees and costs under the offer of judgment statute are recoverable against the estate but not the survivors in a wrongful death action.
• Oglesby-Dorminey v. Lucy Ho's Restaurant/Lucy Ho's Bamboo Garden, Inc.
  815 So. 2d 749· Fla. 1st DCA· 2002-05-07 ·cited 2×
  Oglesby-Dorminey and Crawford appeal judgments against them following personal injury suits arising from an accident at Lucy Ho's Restaurant. The court reversed the judgment against Oglesby-Dorminey regarding attorney's fees and costs awarded to Gemini Electrical Service, finding
• Carmen and Jose Sanchez v. Braun & MAY Realty, Inc.
  795 So. 2d 1006· Fla. 4th DCA· 2001-08-22 ·cited 2×
  Homebuyers appealed a judgment in their negligence action against a real estate agent and broker arising from the purchase of a house with undisclosed structural defects. The court affirmed the denial of attorney's fees but reversed and remanded the damage apportionment, holding
• Labaton v. Denisha Mellert
  772 So. 2d 622· Fla. 4th DCA· 2000-12-13 ·cited 2×
  The court affirmed the amended final judgment, finding no abuse of discretion in the trial court's award of attorney fees, including a multiplier, and rejecting the appellant's challenges.
• McFARLAND & SON, Inc. v. Royal Mende Basel and Steven Kane
  727 So. 2d 266· Fla. 5th DCA· 1999-01-15 ·cited 2×
  In this negligence case, the Florida Fifth District Court of Appeal reversed a jury verdict finding McFarland & Son, Inc. liable for negligent hiring, training, and supervision of truck driver Jonathan Queen, holding that plaintiffs failed to establish a causal connection between
• United States v. Bay Area Battery
  895 F. Supp. 1524· N.D. Fla.· 1995-08-18 ·cited 2×
  The court held that the consent decree was reasonable, fair, and consistent with CERCLA's goals, granting the government's motion for entry.
• Dewitt Excavating, Inc. v. Walters
  642 So. 2d 833· Fla. 5th DCA· 1994-09-23 ·cited 2×
  The court held that the trial court erred in calculating damages by improperly applying joint and several liability principles and setoffs after the total damages exceeded $25,000.
• In the Interest of H.S. v. State
  640 So. 2d 1238· Fla. 1st DCA· 1994-08-11 ·cited 2×
• Teasley v. State
  640 So. 2d 1239· Fla. 1st DCA· 1994-08-11 ·cited 2×
• Wilson v. State
  640 So. 2d 1238· Fla. 1st DCA· 1994-08-11 ·cited 2×