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

• Joseph and Barbara Wenzel v. Boyles Galvanizing Co.
  920 F.2d 778· 11th Cir.· 1991-01-07 ·cited 9×
  The court held that Black & Veatch, as a construction manager contractually obligated to provide a safety program, owed a duty of care to on-site workers, and its contractual disclaimer was insufficient to shield it from liability for negligence. The court also found that Florida
• Davie L. Vernon v. Serv. Trucking, Inc.
  565 So. 2d 905· Fla. 5th DCA· 1990-08-23 ·cited 9×
  The Vernons, as guarantors on promissory notes, sought to compel satisfaction of a judgment against them after the creditor satisfied the judgment against the primary obligor. The court held that under Florida law, release of one joint and several obligor does not release the oth
• Amado Salazar Calderon v. Presidio Valley Farmers Ass'n
  863 F.2d 384· 5th Cir.· 1989-01-20 ·cited 9×
  The court held that the breach of contract theory was improperly considered on remand, and reversed the joint and several liability finding for the 1978 work agreement breach. It affirmed class certification and most damage calculations but reversed the award of attorneys' fees.
• Emp'rs Mut. Liab. Ins. Co. OF Wis. v. Sears
  621 F.2d 746· 5th Cir.· 1980-07-16 ·cited 9×·via Solidary Liability
  An insurer waives its right to seek contribution or indemnity from an insured tortfeasor if it voluntarily settles a claim with knowledge of facts indicating noncoverage, without reserving its rights or obtaining a nonwaiver agreement.
• William Skillings & Assocs. v. Cunard Transp., Ltd.
  594 F.2d 1078· 5th Cir.· 1979-05-14 ·cited 9×
  The court held that a release executed by a partnership did not satisfy a judgment entered in favor of individual partners, and the judgment debtors' attempt to have the judgment marked satisfied was untimely.
• Uhl v. Holbruner
  146 Fla. 133· Fla.· 1941-02-11 ·cited 9×
  Mary Uhl, as executrix and individually, appeals a decree awarding judgment to Sarah C. Holbruner for $18,026.50 for breach of trust involving bonds held by Uhl's deceased husband. The court reversed in part, holding that while Mary Uhl as executrix and as an individual are separ
• United States v. Stein
  964 F.3d 1313· 11th Cir.· 2020-07-13 ·cited 8×
  The court held that the district court properly addressed the limited scope of the remand by recalculating the loss amount based on investor reliance and intervening events, and that new claims raised by the defendant were outside the scope of the remand and barred by the law of
• Philip Morris USA, Inc. v. Green
  175 So. 3d 312· Fla. 5th DCA· 2015-07-31 ·cited 8×
  Philip Morris appeals a judgment in an Engle-progeny tobacco case, arguing the trial court erred by entering full joint and several liability against the defendants without apportioning damages based on comparative fault. The court reversed on this issue, finding that the plainti
• Allstate Ins. v. Palterovich
  653 F. Supp. 2d 1306· S.D. Fla.· 2009-08-26 ·cited 8×
  The court granted plaintiffs' motion for default judgment, ordering final judgment against defendants for their RICO, fraud, and civil remedies act violations.
• Sec. & Exch. Comm'n v. K.W. Brown & Co.
  555 F. Supp. 2d 1275· S.D. Fla.· 2008-01-04 ·cited 8×
  The court found the defendants liable for violations of federal securities laws, including anti-fraud and books and records provisions, due to a cherry-picking scheme and misleading disclosures.
• Fed. Trade Comm'n v. Transnet Wireless Corp.
  506 F. Supp. 2d 1247· S.D. Fla.· 2007-03-20 ·cited 8×
  The court granted summary judgment for the FTC, finding that the defendants engaged in unfair or deceptive acts and practices and failed to comply with the Franchise Rule.
• CDS Holdings I, Inc. v. Corp. Co. OF Miami
  944 So. 2d 440· Fla. 3d DCA· 2006-11-15 ·cited 8×
  CDS Holdings I and II, along with their founder Christine Marchesa Serra, appealed the trial court's denial of their post-trial motions for directed verdict and new trial in a breach of contract action brought by Corporation Company of Miami (assignee of Shutts & Bowen law firm)
• Kamil F. Gowni v. Wasfi A. Makar
  940 So. 2d 1226· Fla. 5th DCA· 2006-11-03 ·cited 8×
  Kamil Gowni appeals a trial court order enforcing a settlement agreement and awarding attorney's fees, contending the court erred in finding joint and several liability between him and co-defendant Mansour. The court reverses, holding that the settlement agreement, read as a whol
• Jarratt G. Bennett v. Morales
  845 So. 2d 1002· Fla. 5th DCA· 2003-05-23 ·cited 8×
  In this securities fraud case, the appellate court reviewed attorney fee and cost awards totaling over $619,000 granted to Susan Howell against Bennett and IFG Network Securities. The court affirmed the prejudgment interest award but reversed the use of a contingency risk multipl
• Chester v. Victor Doig, M.D.
  842 So. 2d 106· Fla.· 2003-02-06 ·cited 8×
  The Florida Supreme Court held that settlement proceeds from one tortfeasor in a medical malpractice case cannot be set off against a noneconomic damages award from binding arbitration with another tortfeasor. The court concluded that the Medical Malpractice Act's arbitration pro
• Y.H. Invs., Inc. v. Godales
  690 So. 2d 1273· Fla.· 1997-03-27 ·cited 8×
  The Florida Supreme Court held that under the state's comparative fault statute (§ 768.81), a jury may consider the negligence of a non-party parent or guardian when determining a minor plaintiff's damages in a negligence action against a third-party tortfeasor, even though the p
• Cody v. Kernaghan
  682 So. 2d 1147· Fla. 4th DCA· 1996-10-16 ·cited 8×
  The trial court erred in refusing to reduce economic damages by the plaintiff's percentage of comparative fault.
• Olson v. N. Cole Constr., Inc.
  681 So. 2d 799· Fla. 2d DCA· 1996-10-04 ·cited 8×
  Helen Olson appeals the trial court's calculation of damages in a personal injury case arising from an automobile accident at a construction site. The court reverses the trial court's erroneous damage calculation and remands for entry of a corrected award reflecting proper applic
• Deleuw v. Grogis
  655 So. 2d 240· Fla. 4th DCA· 1995-06-07 ·cited 8×
  A construction engineering firm appeals a trial court's decision to tax nearly all of plaintiff's litigation costs against it despite being found only 10% at fault in a wrongful death action. The court affirmed, holding that costs are assessed independently of fault percentages a
• Diduck v. Kaszycki & Sons Contractors, Inc.
  974 F.2d 270· 2d Cir.· 1992-08-31 ·cited 8×
  A union trustee breached his fiduciary duty under ERISA § 404 by failing to report Polish workers and obtain contributions for them during the period when union workers were present at the site, and this breach involved fraud, satisfying the statute of limitations requirement und
• United States v. Angelica
  951 F.2d 1007· 9th Cir.· 1991-12-06 ·cited 8×
  The court held that restitution under the VWPA cannot be ordered for acts not underlying the offense of conviction, and that interest and penalties for past due restitution cannot be assessed for offenses committed before the relevant statutory amendment.
• Dosdourian v. Carsten
  580 So. 2d 869· Fla. 4th DCA· 1991-05-29 ·cited 8×
  Patricia Dosdourian appeals a judgment finding her 35% negligent in a personal injury case where the plaintiff had secretly settled with the co-defendant for her insurance limits while keeping her in the lawsuit. The appellate court affirms but certifies a question of great publi
• Williams v. Arai Hirotake, Ltd.
  931 F.2d 755· 11th Cir.· 1991-05-16 ·cited 8×
  The court held that the district court erred in granting summary judgment because Florida statutes and case law require an analysis of the parties' intent regarding the release of non-settling tortfeasors.
• United States v. R.W. Meyer, Inc.
  932 F.2d 568· 6th Cir.· 1991-05-09 ·cited 8×
  The court held that a district court's factual findings are reviewed for clear error, while its allocation of CERCLA response costs based on equitable factors is reviewed for abuse of discretion. Meyer's landowner status and actions were permissible considerations in allocating c
• Haskel Shelton McNAIR and Mattie Erlene SlcNair v. Owens-Corning Fiberglas Corp.
  890 F.2d 753· 5th Cir.· 1989-12-18 ·cited 8×
  The court held that the Texas comparative responsibility statute does not require a claimant's recovery to be reduced by the percentage of responsibility assigned to settling parties, and that contingent settlement notes do not count towards the dollar-for-dollar settlement offse
• Woodard v. Pa. Nat'l Mut. Ins. Co.
  534 So. 2d 716· Fla. 1st DCA· 1988-09-27 ·cited 8×
  Woodard, injured in a car accident where he exhausted the liable driver's $10,000 bodily injury coverage, sought uninsured motorist benefits under that same policy because the other driver was uninsured. The court reversed summary judgment for the insurer, holding that the 1984 a
• Acwoo Int'l Steel Corp. v. Toko Kaiun Kaish
  840 F.2d 1284· 6th Cir.· 1988-03-07 ·cited 8×
  The court held that the district court erred in finding the carrier liable without determining when the damage occurred and in awarding attorney's fees against the warehouseman without a statutory basis. The case is remanded for further proceedings.
• Benny B. Barrett v. Thomas
  809 F.2d 1151· 5th Cir.· 1987-02-12 ·cited 8×
  The court held that the district court had the authority to hold the County jointly and severally liable for the back-pay judgment, and that Barrett's section 1983 claim was not frivolous, thus reversing the award of attorney's fees to the County.
• United States v. Baycon Indus., Inc.
  804 F.2d 630· 11th Cir.· 1986-11-18 ·cited 8×
  The court held that the district court did not err in applying the doctrine of res ipsa loquitur to find the owners negligent for the sinking of the dredge under Section 15 of the Rivers and Harbors Act.
• Albertson's, Inc. v. John W. Adams, D.O.
  473 So. 2d 231· Fla. 2d DCA· 1985-06-28 ·cited 8×
  Albertson's pharmacy and pharmacist Kyle Ward appealed the dismissal of their third-party contribution claim against Dr. Adams under Florida's Uniform Contribution Among Tortfeasors Act. The court held that Dr. Adams was not a joint tortfeasor with the pharmacy because his allege
• U.S. Indus., Inc. v. Blake Constr. Co., Inc.
  765 F.2d 195· D.C. Cir.· 1985-06-21 ·cited 8×
  The court held that principles of res judicata barred USI's indemnity action for attorneys' fees and litigation expenses because these claims arose from the same transaction and USI had an opportunity to litigate them in a prior action.
• Heddinger v. Ashford Mem'l Cmty. Hosp. & Corporación Insular De Seguros
  734 F.2d 81· 1st Cir.· 1984-05-15 ·cited 8×
  The court held that the jury could reasonably find that the hospital's delayed treatment contributed to the plaintiff's finger injuries and lost wages, and that the hospital could be liable for the foreseeable negligence of independent contractors.
• Scharfschwerdt v. Allstate Ins. Co.
  430 So. 2d 578· Fla. 5th DCA· 1983-05-04 ·cited 8×
• C & K Coal Co. v. United Mine Workers OF Am.
  704 F.2d 690· 3d Cir.· 1983-04-05 ·cited 8×
  The court held that unions could be liable for illegal secondary picketing under section 303, but attorneys' fees incurred in prior injunction actions were not recoverable damages. The court also affirmed the dismissal of state law claims, Sherman Act claims, and section 1985(3)
• Deese v. Mobley
  392 So. 2d 364· Fla. 1st DCA· 1981-01-16 ·cited 8×
  The Deeses appealed a trial court judgment that released mortgage co-obligor Frank Mobley from liability when the Deeses released his ex-wife Hazel Mobley from the note. The appellate court reversed, holding that releasing one joint and several obligor releases the other only to
• Slaughter v. Pa. X-Ray Corp. & John J. Geiger v. Delco Gen. Truck Sales Co., Inc.
  638 F.2d 639· 3d Cir.· 1981-01-15 ·cited 8×
  A "loan receipt" arrangement between joint tortfeasors to fund a settlement is valid and not a prohibited settlement payment, and a comparative negligence statute does not apply retroactively to torts committed before its effective date.
• Kirkland v. Arkansas-Best Freight Sys., Inc.
  629 F.2d 538· 8th Cir.· 1980-08-25 ·cited 8×
  The court held that while the procedural defects in the Change of Operations committee's approval process were grounds for finding a violation of the collective bargaining agreements, the plaintiffs failed to prove that these specific defects proximately caused their alleged dama
• Royal Printing Co. & Haythornewhite Enters. v. Kimberly-Clark Corp.
  621 F.2d 323· 9th Cir.· 1980-04-28 ·cited 8×
  The court held that the Illinois Brick rule barring indirect purchasers from suing does not apply when the direct purchaser is a division or subsidiary of a co-conspirator, due to the minimal risk of multiple liability and the need to preserve antitrust enforcement.
• Koerner v. The Am. Express Co.
  615 F.2d 191· 5th Cir.· 1980-04-07 ·cited 8×
  A credit card issuer must comply with the Truth in Lending Act's billing error correction provisions (§ 1666) when an individual is jointly and severally liable with a company for debts charged to the card, even if the charges are for business purposes.
• Penza v. Neckles
  340 So. 2d 1210· Fla. 4th DCA· 1976-12-17 ·cited 8×
  Penza sued Resnick and Neckles for breach of contract and obtained a judgment against both as joint and several obligors. Penza later executed a general release document explicitly excluding Neckles and reserving all rights against him in exchange for $2,500 from Resnick. The cou
• Lucinda Jefferson and Thomas Jefferson v. City OF W. Palm Beach
  233 So. 2d 206· Fla. 4th DCA· 1970-03-18 ·cited 8×
  Lucinda and Thomas Jefferson appealed a jury verdict in their favor against the City of West Palm Beach and police officer Ted Walker after Lucinda was arrested, subjected to excessive force while pregnant, and suffered miscarriages during incarceration. The court reversed, findi
• Vance Trucking Co., Inc v. Canal Ins. Co.
  395 F.2d 391· 4th Cir.· 1968-05-07 ·cited 8×
  The court held that where two insurers cover the same risk and interest, even if their named insureds are not covered by the other's policy, liability should be prorated based on the policy limits, as there is a common liability.
• Horn v. Commissioner OF Internal Revenue
  387 F.2d 621· 5th Cir.· 1967-12-21 ·cited 8×
  Embezzled funds are includable in gross income for the year of misappropriation, and liability for tax on joint returns is joint and several.
• Papadakos v. Spooner
  186 So. 2d 786· Fla. 3d DCA· 1966-05-17 ·cited 8×
  Dorothy Mae Papadakos appeals a summary judgment for attorney's fees entered against her in favor of attorney Charles Spooner. The court reverses, holding that a claim for a reasonable attorney's fee is unliquidated and therefore cannot support a writ of attachment under Florida
• Commercial Standard Ins. Co. v. Liberty Plan Co.
  283 F.2d 893· 10th Cir.· 1960-11-01 ·cited 8×
  The court held that the trial court's finding of collusion was not sufficiently supported by the record to justify the full judgment against the insurer on one employee's bond, requiring a new trial on that specific issue.
• Carver v. Tanner
  252 F.2d 26· 8th Cir.· 1958-01-30 ·cited 8×
  The court held that the trial court did not err in submitting the issue of contract termination to the jury and in holding the individual defendants jointly and severally liable.
• Youpe v. Moses
  213 F.2d 613· D.C. Cir.· 1954-03-25 ·cited 8×
  Orders quashing service of process on some defendants in an action where other defendants remain are not final decisions and are therefore not immediately appealable.
• Miller v. Latinos Restaurante Corp.
  2012 WL 718688· S.D. Fla.· 2025-08-04 ·cited 7×
  The court recommended denying the motion for default judgment against a defaulting defendant because other defendants remain in the case, creating a risk of inconsistent judgments.
• MTGLQ Invs. v. Moore
  293 So. 3d 610· Fla. 1st DCA· 2020-04-09 ·cited 7×
  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
• Coastal Creek Condo. Ass'n, Inc. v. Fla Tr. Servs. LLC
  275 So. 3d 836· Fla. 1st DCA· 2019-07-16 ·cited 7×
  Coastal Creek Condominium Association appeals summary judgment in favor of FLA Trust Services LLC regarding the scope of a present condominium unit owner's joint and several liability for unpaid assessments under Florida Statutes section 718.116(1)(a). The First District Court of