Martinez v. Gonzalez

District Court of Appeal of Florida

Martinez v. Gonzalez

368 So. 2d 92, 1979 Fla. App. LEXIS 14568

CourtDistrict Court of Appeal of Florida

DecidedMarch 6, 1979

DocketNo. 78-543

StatusPublished

Cited by2 cases

This text of 368 So. 2d 92 (Martinez v. Gonzalez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Martinez v. Gonzalez, 368 So. 2d 92, 1979 Fla. App. LEXIS 14568 (Fla. Ct. App. 1979).

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Opinion

HENDRY, Judge.

Affirmed. Under provisions of the Uniform Contribution Among Tortfeasors Act, Fla.Stat. § 768.31 (1975), specifically subsection (5)(b), settlement with one of two or more joint tortfeasors discharges the settling tortfeasor from all liability for contribution to other tortfeasors, Seaboard Coast Line Railroad Company v. Gordon, 328 So.2d 206 (Fla. 1st DCA 1976).

But see, cogent discussion of the effects of the settlement and release provisions, 30 U. Miami L. Rev. 713 (Spring 1976). The comment points out the inherent inequities and inconsistencies of the said provisions with the spirit of the pre-Act case of Hoffman v. Jones, 280 So.2d 431 (Fla.1973).

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HENDRY, Judge.

Affirmed. Under provisions of the Uniform Contribution Among Tortfeasors Act, Fla.Stat. § 768.31 (1975), specifically subsection (5)(b), settlement with one of two or more joint tortfeasors discharges the settling tortfeasor from all liability for contribution to other tortfeasors, Seaboard Coast Line Railroad Company v. Gordon, 328 So.2d 206 (Fla. 1st DCA 1976).

But see, cogent discussion of the effects of the settlement and release provisions, 30 U. Miami L. Rev. 713 (Spring 1976). The comment points out the inherent inequities and inconsistencies of the said provisions with the spirit of the pre-Act case of Hoffman v. Jones, 280 So.2d 431 (Fla.1973).

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368 So. 2d 92, 1979 Fla. App. LEXIS 14568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-gonzalez-fladistctapp-1979.

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