Joint And Several Liability

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

• Christo v. Ramada Inns, Inc.
  609 F.2d 1058· 3d Cir.· 1979-11-20
  The court held that a jury could reasonably find in favor of Christo on his claim against Ramada, but the jury instructions were erroneous, requiring a new trial.
• Millard Douglas Madden and Jack Wise v. Rodovich
  367 So. 2d 1083· Fla. 4th DCA· 1979-02-21
  The court held that a settlement with jointly liable defendants must be set off against a judgment awarded against remaining jointly liable defendants under Fla. Stat. § 768.041.
• Valenti v. Jerome S. Gross, Inc.
  359 So. 2d 1· Fla. 3d DCA· 1978-01-10
  The court held that a purchaser who failed to close on a contract and then sought contribution from the broker for down payments held in escrow was not entitled to contribution, as there was no joint liability between them.
• Tice v. Bradley
  46 Fla. Supp. 168· Palm Beach Cty. Ct.· 1977-07-05
  Margaret Hines Tice sued her siblings for reimbursement of funeral expenses paid on behalf of their deceased father. The court held that as co-obligors on the father's funeral contract, the defendants were liable to contribute their proportionate shares, but rejected claims regar
• Rowell v. Treadwell Ford, Inc.
  511 F.2d 164· 5th Cir.· 1975-04-11
  The court held that the dismissal of one co-warrantor did not require dismissal of the other, and that the measure of damages for loss of use of a commercial vehicle is the net rental value, not the gross rental value.
• Stockett v. Beneficial Fin. Co. OF S. Miami
  269 So. 2d 735· Fla. 3d DCA· 1972-11-28
  Dorothy Stockett appealed the dismissal of her claim for intentional infliction of emotional distress and the entry of summary judgment against her libel claim against Beneficial Finance Company. The court affirmed, finding the alleged collection practices insufficient to support
• Thompson v. Nell Maloney & Fin. Fire & Cas. Co.
  267 So. 2d 378· Fla. 2d DCA· 1972-10-13
  The court held that a surety bond imposing joint and several liability allows a plaintiff to sue both the principal and the surety in a single action, even before obtaining a judgment against the principal.
• Harleysville Mut. Ins. Co. v. Emp'rs Cas. Co.
  467 F.2d 665· 9th Cir.· 1972-09-20
  The court held that the insurer Glens Falls was not liable for the judgment against its insured's co-defendant, as its insured was not found liable and the policy did not cover the situation.
• United States v. Ingemar Johansson
  447 F.2d 702· 5th Cir.· 1971-08-23
  Individuals who controlled a corporation and violated court orders compelling the turnover of funds for tax payment can be held personally liable for the unpaid taxes, even if they claim offsets based on alleged oral contracts or voluntary advances.
• United Servs. Auto. Ass'n v. Cotter
  226 So. 2d 702· Fla. 1st DCA· 1969-09-25
  The court held that it would temporarily relinquish jurisdiction to the lower court to allow consideration of a post-judgment payment affecting the judgment's validity.
• Creech v. Gen. Elec. Credit Corp. & Fed. Ins. Co.
  213 So. 2d 724· Fla. 4th DCA· 1968-09-09
  Appellant Creech sued Federal Insurance Company as surety on a replevin bond after General Electric Credit Corporation filed a replevin action, obtained a writ, and took his property but then dismissed the action without returning the property. The lower court dismissed for failu
• Dunn v. Marsh
  393 F.2d 354· D.C. Cir.· 1968-02-02
  The dissenting judge believes any error in the trial court's treatment of proximate cause was harmless because the harm was foreseeable and the driver's negligence was a but-for cause.
• Feledy v. Bank OF Palmetto
  194 So. 2d 625· Fla. 2d DCA· 1967-02-03
  Feledy appealed a summary judgment dismissing her conversion suit against a bank that sold pledged stock to satisfy a loan she shared with her husband. The court affirmed, holding that the demand note provisions authorized the bank to sell the collateral and that the plaintiff's
• Bank of Miami Beach v. Bateman
  27 Fla. Supp. 11· Dade Cty. Cir. Ct.· 1966-06-08
  Bank of Miami Beach sued guarantors Frank B. Bateman and William Bateman to recover unpaid loans made to Szemco, Inc. The court held that while the guarantors were liable for $7,500 each as personal guarantors, the bank's claim was limited by the explicit language in the guaranty
• MacLAUGHLIN v. Matheson
  27 Fla. Supp. 85· Dade Cty. Cir. Ct.· 1966-03-24
  This case involves an appeal from a small claims court judgment against an insurance adjuster and his employer. The appellate court reversed the judgment, holding that a plaintiff cannot recover from both an agent and their disclosed principal on the same contract, and must elect
• Phillippi Creek Homes, Inc. v. Arnold
  174 So. 2d 552· Fla. 2d DCA· 1965-04-28
  Phillippi Creek Homes sued the surviving signatories of a joint promissory note after one maker died. The trial court dismissed the complaint for failure to join the deceased maker's estate as an indispensable party. The appellate court reversed, holding that Florida's survival o
• S. Bell Tel. & Tel. Co. v. R. H. Wright, Inc.
  26 Fla. Supp. 4· Duval Cty. Cir. Ct.· 1965-02-12
  Southern Bell recovered damages for cable damage caused by defendants' excavation work on two separate projects (Lem Turner Road and Brown's Creek), with stipulated damages totaling $10,759.76 plus costs.
• Owen v. Bennett
  164 So. 2d 544· Fla. 3d DCA· 1964-05-19
  In this automobile negligence case, defendants appealed a $12,000 judgment awarded to plaintiff Bennett, challenging the trial court's ruling on peremptory jury challenges. The appellate court affirmed, holding that each defendant was entitled to three peremptory challenges becau
• Gilbertson v. de Long
  301 F.2d 284· 7th Cir.· 1962-04-03
  A parent who sponsors a minor's driver's license is jointly and severally liable for damages caused by the minor's negligent operation of a vehicle, even if the injured party is the sponsor parent.
• McCARTY v. Runkle
  285 F.2d 144· 5th Cir.· 1960-12-19
  The court held that both defendants were jointly and severally liable for fraudulent representations under Texas law, and the plaintiff's reliance on those representations was sufficiently established.
• Buck v. NEW York Central Railroad
  275 F.2d 292· 7th Cir.· 1960-03-01
  The court held that the district court properly dismissed the case for lack of diversity jurisdiction because the plaintiff and a defendant railroad were both citizens of Illinois.
• R. P. Farnsworth & Co., Inc. v. Globe Marble & Granite Corp.
  250 F.2d 636· 5th Cir.· 1958-01-03
  The court held that the trial court erred in summarily dismissing the surety without affording counsel an opportunity to be heard.
• Jacksonville Coach Co. v. Royal
  97 So. 2d 190· Fla.· 1957-10-02
  Jacksonville Coach Company appeals from a judgment for appellee Royal following a bus-car collision. The court affirmed the jury verdict against the bus company, rejecting arguments that there was insufficient evidence of negligence by the bus driver and that the directed verdict
• August L. Franke and Marie v. Franke
  245 F.2d 302· 2d Cir.· 1957-05-28
  The court held that the district court's judgment holding individuals and the corporation jointly and severally liable for profits from unfair competition was correct.
• Pang-Tsu-Mow v. Republic OF China
  225 F.2d 543· D.C. Cir.· 1955-06-30
  The court held that the district court did not err in entering judgment against one defendant before adjudicating the case against a co-defendant, nor in denying motions to compel the attendance of a foreign ambassador.
• S. Pac. Co. v. Raish
  205 F.2d 389· 9th Cir.· 1953-05-29
  The court held that the trial court did not err in ruling that a covenant not to execute was a covenant not to sue, and that the issue of the appellant's negligence in constructing and maintaining an overpass with insufficient clearance was a question for the jury.
• Davis v. Union Supply Co.
  185 F.2d 968· 5th Cir.· 1950-12-26
  The court held that the bank was negligent in cashing a check improperly endorsed by an employee and affirmed the trial court's judgment.
• Padgett v. Elda R. Thompson
  158 Fla. 138· Fla.· 1946-11-19
  A declaration is insufficient to state a cause of action against a parent for a minor's negligent driving if it only alleges the parent signed the minor's license application, but not that a license was actually issued.
• Commissioner of Internal Revenue v. Uniacke
  132 F.2d 781· 2d Cir.· 1942-12-31
  The dissenting judge believes that spouses filing a joint return are jointly liable for the aggregate tax, and the Commissioner should not be required to independently calculate separate liabilities.
• ST. Louis Union Tr. Co. v. Stephens
  116 F.2d 574· 5th Cir.· 1941-01-04
  The court held that the amount in controversy for federal jurisdiction purposes exceeded the minimum requirement, as the total debt guaranteed was at issue, not just individual guarantor liability.
• Noyes v. Webster Inv. Co.
  143 Fla. 702· Fla.· 1940-07-12
  The Florida Supreme Court affirmed a judgment against Walter D. Noyes and his wife Jessie G. Noyes on two promissory notes, rejecting the argument that the judgment was void because a married woman was named as a defendant. The court held that inclusion of the wife's name in the
• Pollock v. Vandelia Varnum Thomas and Mary L. Bartelme
  63 Fla. 251· Fla.· 1912-01-01
  Pollock sued the executrices of H.W. Thomas's estate on a joint and several promissory note allegedly signed by Thomas, his wife, and two others as accommodation for a debt owed by Laird. The case turned on whether Mrs. Thomas had authority to sign her husband's name to the note,