Joint And Several Liability

982 Florida cases classified under this topic · sorted by citation count

• Weaver v. Stone
  212 So. 2d 80· Fla. 4th DCA· 1968-06-25 ·cited 2×
  This case involves a dissenting opinion arguing that voluntary payment of a judgment into the court registry by a tortfeasor does not constitute satisfaction of the judgment and bar an action against another liable tortfeasor.
• Denton v. Fireman's Fund Indem. Co.
  352 F.2d 95· 10th Cir.· 1965-10-28 ·cited 2×
  The court held that the indemnity agreement was validly delivered and enforceable, binding the appellant to indemnify the surety company for losses incurred on bonds executed after his co-indemnitor's death and without his explicit revocation.
• Dixon v. Travelers Indem. Co.
  174 So. 2d 53· Fla. 3d DCA· 1965-04-13 ·cited 2×
  An administrator de bonis non appealed the dismissal of his devastavit action against a surety for mismanagement of an estate by the predecessor executrix. The court held that while the surety could not be sued alone without joining the governor as the real party in interest unde
• Est. OF Helen M. McCLURE v. United States
  288 F.2d 190· Ct. Cl.· 1961-04-07 ·cited 2×
  The court held that the Treasury regulation providing a method for allocating joint income tax liability between spouses for estate tax deduction purposes is valid.
• United States v. Goodman
  287 F.2d 871· 5th Cir.· 1961-03-16 ·cited 2×
  A complaint is sufficient if relief could be granted under any provable facts, and requiring copies of drafts as evidence was improper.
• Nat'l Labor Relations Bd. v. Bull Insular Lines, Inc.
  233 F.2d 318· 1st Cir.· 1956-05-18 ·cited 2×
  The court held that respondents failed to oppose the Board's petition for enforcement, and their objections were either waived or previously rejected.
• Pinsky v. United States
  203 F.2d 7· 9th Cir.· 1953-03-11 ·cited 2×
  The court held that the substitution of the United States as plaintiff was proper and that the housing accommodations were not a hotel exempt from rent control regulations. The judgment for rent overcharges was affirmed.
• Williams v. Fourth Nat'l Bank of Jacksonville
  74 Fla. 383· Fla.· 1917-11-28 ·cited 2×
  The Florida Supreme Court affirmed a lower court's decision, holding that a defendant's pleas alleging a joint endorsement agreement among note endorsers did not constitute a valid defense. The court found the pleas insufficient because they did not allege the payee's knowledge o
• Bispham v. Eli K. Price
  15 How. 162· U.S.· 1853-12-01 ·cited 2×
  In 1835, partners Charles Bispham and Joseph Archer settled their complex joint accounts through an arbitrator, William Foster, who determined that Bispham was owed a balance and allocated to Archer Bispham's share of liability for certain government bonds. Bispham accepted the s
• McCarthy v. DataX, Ltd.
  2019 WL 4228685· M.D. Fla.· 2025-05-30 ·cited 1×
  The court granted the plaintiff's request for entry of clerk's default against a defendant and a stay of the deadline to apply for default judgment.
• N.C.D. v. State
  381 So. 3d 1276· Fla. 1st DCA· 2024-06-12 ·cited 1×
  The Florida First District Court of Appeal reversed a portion of a restitution order against a juvenile defendant (N.C.D.), holding that the trial court erred in awarding lost-wages restitution corresponding to the loss of illicit work.
• MTGLQ Invs. v. Moore
  293 So. 3d 610· Fla. 1st DCA· 2020-04-09 ·cited 1×
  The appellate court reversed a trial court's denial of foreclosure, finding that the trial court abused its discretion and erred as a matter of law by applying the "unclean hands" doctrine. The court held that the prior lender's alleged actions did not legally bar foreclosure and
• Fed. Deposit Ins. Corp. for the Buckhead Cmty. Bank v. Loudermilk
  930 F.3d 1280· 11th Cir.· 2019-07-22 ·cited 1×
  The Federal Deposit Insurance Corporation, as receiver for failed Buckhead Community Bank, sued eight former bank directors for negligence in approving ten risky loans that led to the bank's collapse. A jury found the directors negligent in approving four loans and held them join
• GEICO Gen. Ins. Co. v. Steinger, Iscoe & Greene-Ii, P.A.
  275 So. 3d 775· Fla. 3d DCA· 2019-06-26 ·cited 1×
  An insurer that receives notice of an attorney's charging lien has an affirmative duty to protect that lien by notifying the attorney of settlement, including the attorney on the settlement check, or obtaining a written waiver or hold harmless agreement. GEICO's failure to take a
• THE Zodiac Grp., Inc. v. Grayrobinson, P.A.
  224 So. 3d 333· Fla. 3d DCA· 2017-08-09 ·cited 1×
  The Zodiac Group and two individual principals appealed final judgments holding them jointly and severally liable for unpaid attorney's fees totaling $115,422.26 owed to their former law firm GrayRobinson, and affirming the enforceability of separate settlement proposals. The cou
• Holmes Reg'l Med. Ctr., Inc. v. Allstate Ins. Co.
  225 So. 3d 780· Fla.· 2017-07-13 ·cited 1×
  The Florida Supreme Court held that a party with an unsatisfied judgment cannot assert an equitable subrogation claim against a subsequent tortfeasor without first fully paying the injured party's damages. The Court reversed the Fifth District's decision allowing contingent subro
• Finn v. Kent Sec. Servs., Inc.
  1992 WL 96195· S.D. Fla.· 2013-11-06 ·cited 1×
  The court held that the plaintiff failed to adequately plead a claim for discrimination under Title VII and failed to sufficiently allege an adverse employment action for a retaliation claim, warranting dismissal without prejudice.
• AIRAN2, Airan-Pace & Crosa, P.A. v. Cadence Bank, N.A.
  85 So. 3d 506· Fla. 2d DCA· 2012-03-16 ·cited 1×
  A law firm and two of its lawyers appealed a sanction order requiring them to pay half of the opposing bank's attorney's fees under Florida Statute § 57.105 for filing a frivolous third-party complaint in a foreclosure case. The appellate court affirmed the sanction against the f
• Wal-Mart Stores, Inc. v. Nicolette Strachan
  82 So. 3d 1052· Fla. 4th DCA· 2011-10-12 ·cited 1×
  The appellate court held that a writ of certiorari should be dismissed because the petitioner failed to demonstrate irreparable harm that could not be remedied on appeal.
• Orenshteyn v. Citrix Sys., Inc.
  558 F. Supp. 2d 1251· S.D. Fla.· 2008-04-28 ·cited 1×
  The court adopted the magistrate judge's report and recommendation, awarding $755,663.17 in sanctions and fees, finding this amount reasonable for deterrence and considering the parties' financial abilities.
• Dabasse v. Reyes
  963 So. 2d 288· Fla. 2d DCA· 2007-08-03 ·cited 1×
  The court held that while liability was properly established, the trial court erred in entering separate damage awards against the active tortfeasor and the vicariously liable party, and in holding them jointly and severally liable for the total amount.
• Bravo v. United States
  403 F. Supp. 2d 1182· S.D. Fla.· 2005-11-30 ·cited 1×
  The court held that the United States was liable under the FTCA for the negligence of its employees and Dr. Kushner, finding that Dr. Kushner was an employee for FTCA purposes and that his negligence, along with that of military personnel, caused the infant's injuries.
• Bankatlantic v. Berliner
  912 So. 2d 1260· Fla. 4th DCA· 2005-11-02 ·cited 1×
  BankAtlantic appeals a trial court order compelling satisfaction of judgment against guarantor Berliner after the bank settled with the primary obligor and co-guarantor. The court reverses, holding that once judgment merges into a final judgment, a guarantor becomes primarily lia
• Mesher v. Combs
  685 So. 2d 1391· Fla. 4th DCA· 1997-01-15 ·cited 1×
  This case addresses the individual liability of corporate officers under Florida's Securities and Investor Protection Act. The trial court found that a corporation (HSSI) violated state securities law by making material misrepresentations to an investor, but failed to hold the in
• Bourget v. State
  634 So. 2d 1109· Fla. 2d DCA· 1994-04-06 ·cited 1×
  Florida appellate court affirmed restitution and probation conditions for insurance fraud conviction but reversed probation conditions prohibiting firearm possession and excessive intoxicant use as unrelated to the offense.
• Spancrete, Inc. v. Rinker Materials Corp.
  623 So. 2d 760· Fla. 3d DCA· 1993-08-03 ·cited 1×
  The court held that the officers were personally liable for all materials purchased by the corporation and that prejudgment interest was improperly denied.
• AETNA Cas. & Sur. Co. v. Chicago Ins. Co.
  994 F.2d 1254· 7th Cir.· 1993-05-26 ·cited 1×
  The court held that an insurer's obligation is not triggered without a formal tender of defense by the insured, even if the insurer has knowledge of the claim.
• Hafner v. Brown
  983 F.2d 570· 4th Cir.· 1992-12-22 ·cited 1×
  The court held that the district judge did not err in giving supplemental jury instructions and allowing redeliberation, nor in restricting cross-examination, nor in instructing the jury on conspiracy, and that the substantive due process instruction error was not preserved for a
• United States v. Manning Coal Corp.
  977 F.2d 117· 4th Cir.· 1992-09-30 ·cited 1×
  The court held that a contract requiring reimbursement for settlement costs was enforceable, even if the underlying claim was settled rather than litigated to judgment, if further litigation would have been futile. The court also held that joint and several liability under SMCRA
• Carteret Sav. Bank v. Mayer L. Weiner
  601 So. 2d 1310· Fla. 4th DCA· 1992-07-08 ·cited 1×
  Carteret Savings Bank appealed the trial court's denial of its mortgage foreclosure complaint against the Weiners. The appellate court reversed, holding that the trial court erred in finding a novation of the credit agreement and in abating interest, and remanded for entry of a f
• Tsouprake v. United States
  797 F. Supp. 962· S.D. Fla.· 1992-02-12 ·cited 1×
  The court held that the plaintiff, as a 100% shareholder and authorized signatory, was a responsible person under I.R.C. § 6672 who willfully failed to pay over withheld taxes, and thus was liable for the penalty.
• United States v. Entin
  750 F. Supp. 512· S.D. Fla.· 1990-10-26 ·cited 1×
  The court held that the defendants violated the False Claims Act by conspiring to defraud the SBA with false representations about Miami Capital Corporation's capitalization, and are jointly and severally liable for damages.
• United States for Use & Benefit v. Union Indem. Ins. Co. OF NEW York
  865 F.2d 1226· 11th Cir.· 1989-02-16 ·cited 1×
  The court held that the failure to serve the surety did not divest the district court of jurisdiction over claims against the principal under the Miller Act, and that the plaintiff acted reasonably to mitigate damages.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Hotel Rittenhouse Assocs.
  844 F.2d 1050· 3d Cir.· 1988-04-26 ·cited 1×
  The court held that the developer was not an indispensable party to the contractor's suit to enforce a joint and several arbitration award against the bank, and that the contractor's motion to intervene, while potentially lacking grounds for intervention as of right, should not h
• Hernandez v. Hertz Corp.
  581 F. Supp. 1274· S.D. Fla.· 1988-03-07 ·cited 1×
  The court held that Hertz's arguments regarding insurance coverage priorities and interspousal immunity were premature and deferred them pending a determination of liability.
• Ohio Cas. Ins. Co. v. Oakhurst Homes, Inc.
  512 So. 2d 1156· Fla. 2d DCA· 1987-09-25 ·cited 1×
  A surety bond company cannot be held liable for judgments exceeding the bond amount; the trial court erred in imposing joint and several liability beyond the bond's face value.
• In re Per Fostvedt v. DOW
  823 F.2d 305· 9th Cir.· 1987-07-27 ·cited 1×
  The court held that the debtor's liability on the promissory notes was noncontingent and liquidated, thus exceeding the Chapter 13 debt limit.
• Broad. Music, Inc. v. Behulak
  651 F. Supp. 57· M.D. Fla.· 1986-08-08 ·cited 1×
  A corporate officer is not jointly and severally liable for copyright infringement if they lack the ability to supervise the infringing activity, even if they have a financial interest in the corporation.
• Epstein v. Drusin
  249 So. 2d 479· Fla. 3d DCA· 1971-06-01 ·cited 1×
  The court held that the doctrine of contribution was properly applied, as there was no agreement for one party to assume the other's share of the unconditional debt owed to a third party.
• Orange Motors OF Miami, Inc. v. Miami Nat'l Bank
  227 So. 2d 717· Fla. 3d DCA· 1969-10-21 ·cited 1×
  Orange Motors sold an automobile under a retain title agreement signed by Diwaldo Morales (a minor) and Julia Morales. Orange Motors assigned the agreement to Miami National Bank without recourse, but with exceptions allowing full recourse if the agreement was invalid or unenforc
• LEO JAY Rosen Assocs., Inc. v. Schultz
  148 So. 2d 293· Fla. 3d DCA· 1963-01-08 ·cited 1×
  The satisfaction of a judgment against one jointly and severally liable party fully satisfies the judgment against another such party.
• Osher Khteeb and Erez Khteeb v. Helcim USA, Inc.
  Fla. 4th DCA· 2026-09-02
  When a default judgment is entered in a fraudulent transfer action under FUFTA, the court must hold an evidentiary hearing to determine unliquidated damages, and transferees may only be held liable for the value of assets transferred to them, not the entire outstanding judgment.
• Craftsman Plastering & Lath, Inc. v. Rath Mor, LLC
  Fla. 4th DCA· 2026-08-12
  A trial court abuses its discretion in granting additur when the jury's verdict is supported by evidence and jury instructions that gave the jury discretion to award damages, even if unrefuted evidence supports a higher amount. The jury instructions and closing arguments in this
• Melido Pena v. RDI, LLC
  M.D. Fla.· 2025-12-15
  The court entered a default judgment against third-party defendants, holding them jointly and severally liable for the unsatisfied judgment owed to the plaintiff.
• Jacob v. Yisrael Taussig et. al.
  M.D. Fla.· 2025-11-24
  The court recommended granting default judgment in part for fraudulent transfer and conspiracy to defraud claims, allowing voidance of certain property transfers and the right to levy execution, but denying other claims and damages.
• Fed. Trade Comm'n v. Start Connecting LLC
  M.D. Fla.· 2025-10-20
  The court entered a default judgment against Start Connecting SAS and Juan S. Rojas for $7,304,737.29, jointly and severally with previously settled defendants.
• Anderson v. United States Dep't of Veteran's Affairs
  M.D. Fla.· 2025-10-08
  The court held that the amended complaint was a shotgun pleading and dismissed it without prejudice, granting defendants' motions to dismiss in part.
• Barleta v. Schein
  S.D. Fla.· 2025-09-22
  The court held that a plaintiff's failure to submit expert testimony does not automatically bar a legal malpractice claim if the attorney's breach of duty is obvious to a layperson, and collateral estoppel does not apply when the issues in the criminal plea and the civil action a
• Usbcdc Inv. Fund 180, LLC v. Vosotas
  S.D. Fla.· 2025-09-15
  The court held that a defendant may implead a co-guarantor for contribution, even if the contribution claim is not yet fully accrued, provided the impleader is timely and procedurally proper under Rule 14.
• WBDH-BC Holdings, Ltd. v. Varsatel Corp.
  S.D. Fla.· 2025-09-02
  The court recommended denying the plaintiff's motions for default judgment without prejudice because a settlement was reached with one of the jointly and severally liable defendants, making the scope of the ultimate default judgment unclear.