Joint And Several Liability

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

• Vaughn v. Sexton
  975 F.2d 498· 8th Cir.· 1992-09-14
  Failure to request arbitration waives defenses like laches, and entities under common control are jointly liable for withdrawal assessments, with personal liability possible under alter ego principles.
• Resolution Tr. Corp. for Meridian Sav. Ass'n v. Oaks Apts. Joint Venture
  966 F.2d 995· 5th Cir.· 1992-07-24
  The court held that the D'Oench, Duhme doctrine's applicability to the partners' liability limitation defense could not be determined without further factual findings regarding the filing of the guaranty. The court also held that the note was not a negotiable instrument, thus pre
• Kishor Pathare v. Grady L. Goolsby
  602 So. 2d 1345· Fla. 5th DCA· 1992-07-24
  The court addresses whether multiple grantors in a warranty deed are jointly and severally liable for breach of warranty when the deed lacks express words of severalty. The Pathares sued Lightholder and the Goolsbys after discovering undisclosed money judgments against Lightholde
• Am. Fam. Serv. Corp. v. Michelfelder
  968 F.2d 667· 8th Cir.· 1992-07-01
  The court held that the district court erred in reducing fraud damages and granting judgment notwithstanding the verdict for the lawyers, reinstating the jury's full award.
• Colo. Springs Prod. Credit Ass'n v. Farm Credit Admin.
  967 F.2d 648· D.C. Cir.· 1992-06-26
  The court held that the forced purchase of Financial Assistance Corporation (FAC) stock by Production Credit Associations (PCAs) did not constitute a taking of private property without just compensation, as the PCAs received benefits commensurate with the burdens imposed.
• United Commercial Ins. Serv. v. The Paymaster Corp.
  962 F.2d 853· 9th Cir.· 1992-04-14
  The court held that the settlement agreement did not provide for a double credit to American Bankers, and the punitive damages credit was intended to fulfill the purpose of preventing double recovery.
• Fabre v. Marin
  597 So. 2d 883· Fla. 3d DCA· 1992-04-14
  Ann Marin, a passenger injured in an automobile accident, sued the Fabres for negligence and their insurer State Farm. The jury found Marin 0% at fault and awarded $357,750 in damages. The Fabres appealed, arguing the judgment should be reduced by 50% under Florida's comparative
• Imwa Equities IX Co. v. WBC Assocs. Ltd. P'ship
  961 F.2d 480· 4th Cir.· 1992-04-08
  A partner may sue co-partners for breach of an express indemnity covenant in the partnership agreement before dissolution and final accounting, and individual partners can be held liable if the agreement language supports it.
• Grech v. M.W. Schryver, M.W. Schryver, P.A.
  594 So. 2d 786· Fla. 2d DCA· 1992-01-22
  The court held that the trial court erred in granting a post-verdict motion for judgment in favor of defendants based on the nonliability of a third defendant, as the dismissal of the third defendant was akin to a misjoinder, not a failure of joint liability.
• Jennings
  948 F.2d 194· 5th Cir.· 1991-12-10
  The Fifth Circuit held that the district court abused its discretion by improperly calculating the least severe sanction under Rule 11, based on erroneous findings regarding notice and the point at which fees should be limited.
• Kalima Jenkins v. State OF Mo.
  949 F.2d 1052· 8th Cir.· 1991-11-27
  The court held that the State of Missouri could not unilaterally defer payments for capital improvements based on a prior approximate limit, and ordered interim financing arrangements.
• Kalima Jenkins v. The State OF Mo.
  943 F.2d 840· 8th Cir.· 1991-08-30
  The court held that the State has an obligation to pay desegregation costs beyond the capacity of the KCMSD, and the district court correctly interpreted prior rulings by setting reasonable limits on the tax levy.
• Refuse & Env't Sys., Inc. v. Indus. Servs. OF Am., Inc.
  932 F.2d 37· 1st Cir.· 1991-04-29
  The court held that there was insufficient evidence to support the slander verdict against Freedman individually, but affirmed the abuse of process finding. The Chapter 93A damages and attorney's fees awards were vacated and remanded for recalculation.
• Father & Sons Lumber & Bldg. Supplies, Inc. v. Nat'l Labor Relations Bd.
  931 F.2d 1093· 6th Cir.· 1991-04-01
  The First District Court of Appeal reversed a trial court's decision that credited a father with social security disability benefits received by his child against his child support obligation, finding the trial court improperly modified the original Alabama decree.
• United States for the Use & Benefit of Westinghouse Elec. Supply Co. v. Purdy L. Sisson
  927 F.2d 310· 7th Cir.· 1991-03-08
  The court held that the surety's payment bond was retroactive, making the surety liable for materials supplied before the bond's effective date.
• Miera v. First Sec. Bank OF Utah, N.A.
  925 F.2d 1237· 10th Cir.· 1991-01-07
  The court held that the district court did not err in finding the Bank not liable, as Affiliated Ute did not control the instant case due to significant factual differences and the applicability of the statute of limitations.
• Cent. States Res. Corp. Successor in Interest to Fed. Deposit Ins. Corp. v. LEO Tobin Farms, Inc.
  922 F.2d 490· 8th Cir.· 1991-01-04
  The court held that the bankruptcy court erred in calculating the debtor's net worth by improperly counting a single loan as a liability for both corporations simultaneously, which incorrectly rendered the debtor insolvent.
• Carter v. Unit RIG & Equip. Co.
  908 F.2d 1483· 10th Cir.· 1990-04-18
  The court held that the trial court erred in refusing to instruct the jury on the sudden emergency doctrine, requiring a new trial. It also affirmed the trial court's method of calculating the setoff for a prior settlement.
• Conklin v. Commissioner OF Internal Revenue
  897 F.2d 1027· 10th Cir.· 1990-03-01
  The Tax Court should have dismissed the case as nonjusticiable because the asserted deficiencies were either paid by the petitioner's wife or conceded by the Commissioner, leaving no actual tax liability or overpayment to adjudicate.
• Heinz Kahlert v. TOM Heller, Inc.
  557 So. 2d 111· Fla. 4th DCA· 1990-02-07
• Snyder v. Ridenour
  889 F.2d 1363· 4th Cir.· 1989-11-24
  The court held that the appellant waived his right to appeal issues by failing to file timely objections to the magistrate's report, as required by the Magistrate's Act and Rule 72.
• Linsey v. E.F. Hutton & Co.
  61 F. Supp. 678· S.D. Fla.· 1989-01-30
• J & N Logging Co., Inc. v. Rockwood Ins. Co.
  848 F.2d 1438· 8th Cir.· 1988-06-14
  The court held that the district court should reconsider GP's motion to intervene as of right, given new information about GP's potential insured status and a recent agreement affecting the representation of interests.
• Rozark Farms, Inc. v. Ozark Border Elec. Coop.
  849 F.2d 306· 8th Cir.· 1988-06-10
  The court held that the improper injection of insurance coverage into the trial was prejudicial error requiring a new trial on damages, and that the plaintiff's damages were indivisible as a matter of law.
• Woodland Private Study Grp. v. State OF NEW Jersey
  846 F.2d 921· 3d Cir.· 1988-05-23
  The court held that the case is moot because the New Jersey Supreme Court's modification of the Spill Act rendered the constitutional challenge moot.
• Bowers v. The Firestone Tire & Rubber Co.
  832 F.2d 64· 5th Cir.· 1987-11-12
  The court held that by settling with two codefendants, the plaintiffs relinquished their right to claim prejudgment interest on the portion of the judgment attributable to those settling defendants, and the remaining defendant was only liable for prejudgment interest on its propo
• Tyson v. Litwin Corp. v. Hess OIL V.I. Corp.
  826 F.2d 1255· 3d Cir.· 1987-08-17
  The dissenting judge would hold that the employees were borrowed servants of HOVIC and that the verdict form was fatally flawed, warranting reversal and a new trial.
• Canal Indus., Inc. v. Florrie Zellner Childs
  823 F.2d 460· 11th Cir.· 1987-08-03
  Grantors who jointly execute a general warranty deed are jointly and severally liable for damages resulting from a breach of that warranty.
• S. Auto Sound, Inc. v. Consol. Freightways, Inc.
  510 So. 2d 1085· Fla. 2d DCA· 1987-07-31
  Southern Auto Sound appeals a judgment requiring it to pay freight charges that had been marked as prepaid on bills from a freight forwarder, Consolidated Freightways. The appellate court reversed, holding that Consolidated was estopped from collecting double payment because it m
• AETNA Life & Cas. Corp. v. Maravich
  824 F.2d 266· 3d Cir.· 1987-07-27
  Under Pennsylvania law, a spouse's severable interest in fire insurance proceeds does not relieve them from liability for validly incurred debts of the entireties, such as property repairs authorized by the other spouse.
• Emmett J. Doerr v. United States
  819 F.2d 162· 7th Cir.· 1987-05-14
  The court held that a taxpayer's payment of the entire Wisconsin gift tax, without reserving a right of contribution from the donees, constituted a taxable gift to the extent the payment exceeded his proportionate share.
• Prestidge v. W.R. Prestidge
  810 F.2d 159· 8th Cir.· 1987-01-22
  A party accepting property subject to a mortgage does not assume personal liability for the entire debt, and a right of contribution exists between joint obligors for any deficiency after foreclosure sale.
• Seale v. Citizens Sav. & Loan Ass'n
  806 F.2d 99· 6th Cir.· 1986-11-26
  The court held that Ohio law does not recognize promissory estoppel to enforce oral real estate agreements barred by the statute of frauds, and that there was insufficient evidence of fraud by the defendant corporation.
• Fed. Deposit Ins. Corp. v. Allen
  801 F.2d 863· 6th Cir.· 1986-09-25
  The court held that the Federal Deposit Insurance Corporation (FDIC), as receiver, is not bound by unwritten or improperly documented agreements that tend to diminish its interest in a failed bank's assets, even if the FDIC had knowledge of such agreements.
• Cap. Invs. Co. v. Executors OF the Estate OF Arthur R. Morrison
  800 F.2d 424· 4th Cir.· 1986-09-12
  The court held that Frost's estate is jointly and severally liable for the entire judgment and reversed the district court's award of a large management fee to Dreisen's estate.
• Larosa v. Smith
  492 So. 2d 696· Fla. 4th DCA· 1986-07-09
• Chapman v. Fla. Patient's Comp. Fund
  484 So. 2d 637· Fla. 3d DCA· 1986-03-11
  The court affirmed summary judgment against the Fund, holding that the two-year statute of limitations in medical malpractice actions applies to the Florida Patient's Compensation Fund the same as to health care providers, barring claims against the Fund not timely filed even if
• Reed v. Gen. Motors Corp.
  773 F.2d 660· 5th Cir.· 1985-10-15
  The court held that admitting evidence of the amount of liability insurance carried by defendants was prejudicial error, requiring reversal and a new trial.
• Margain v. Maize & Blue Props., Inc.
  753 F.2d 47· 6th Cir.· 1985-01-22
  The court held that under Michigan law, damages for a single indivisible injury caused by concurrent tortfeasors cannot be apportioned based on relative fault; defendants are jointly and severally liable.
• The Hartford Accident & Indem. Co. v. L & T, Inc.
  455 So. 2d 1074· Fla. 1st DCA· 1984-09-05
  Hartford seeks to enforce an oral settlement agreement with appellees for payment of insurance premiums owed. The trial court granted summary judgment for appellees based on statute of frauds violations, but the appellate court reversed, finding disputed factual issues precluded
• In re Est. OF Chester Bland v. Bland
  445 So. 2d 1145· Fla. 4th DCA· 1984-03-07
  Hartford National Bank sought to collect a $2.8 million judgment against an estate based on promissory notes signed by the decedent and five co-debtors. The court initially required the estate to pay only its proportionate share (6⅜%) and forced the bank to collect from other co-
• Caruso v. State
  438 So. 2d 947· Fla. 4th DCA· 1983-10-05
• Dolan v. State
  438 So. 2d 947· Fla. 4th DCA· 1983-10-05
• Dolan v. State
  441 So. 2d 1091· Fla. 4th DCA· 1983-10-05
• Vickery v. Reliable Elec. Co.
  703 F.2d 488· 10th Cir.· 1983-04-01
  Under Wyoming law, an employer paying worker's compensation benefits is not liable to a third-party tortfeasor for contribution or indemnity, as the worker's compensation act's exclusivity provision bars such claims.
• Marine Midland Bank, N.A. v. Morton Smith
  424 So. 2d 83· Fla. 4th DCA· 1982-12-15
  Marine Midland Bank sued guarantor Morton Smith to recover on a guarantee of Bernard Tedlis's loan after Tedlis defaulted and the parties settled the resulting judgment for reduced installment payments. The court held that Smith's guaranty obligation had not ripened because Tedli
• In re Westerhoff v. Slind
  688 F.2d 62· 8th Cir.· 1982-09-13
  A party who has paid more than their proportionate share of an installment on a joint obligation may sue for contribution, even if they have not yet paid more than their proportionate share of the total indebtedness.
• Pohlad v. First Nat'l BAR & Grill, Inc.
  418 So. 2d 1111· Fla. 4th DCA· 1982-08-11
  This complex litigation concerns financial transactions surrounding multiple restaurant failures, a promissory note, and a security agreement, with the plaintiff suing for default and wrongful detention of property.
• In re James v. Pappas
  661 F.2d 82· 7th Cir.· 1981-10-07
  A bankrupt's debt is non-dischargeable under § 17(a)(2) of the Bankruptcy Act if the bankrupt is entrusted with money for a specific purpose and has no intention of using it for that purpose, constituting a misrepresentation.
• Brotherhood Railway Carmen OF the United States AND Canada v. Nat'l Labor Relations Bd.
  624 F.2d 819· 8th Cir.· 1980-06-16
  The court held that while the union and company technically violated the NLRA by deducting an assessment without explicit authorization on checkoff cards, the NLRB's remedy of mandatory reimbursement was punitive and inappropriate given the technical nature of the violation and t