Ryan v. Gladwell

265 So. 2d 63, 1972 Fla. App. LEXIS 6366

Opinion

PER CURIAM.

The point presented on this appeal urges that the trial court erred in ruling against the appellants when they moved to amend their answer by asserting a defense “in the nature of res judicata.” During the trial, appellants’ counsel sought to introduce into evidence a “hold harmless agreement” whereby an insurance company for a jointly liable defendant paid the full extent of its coverage in return for plaintiffs’ agreement to hold it harmless from all monetary exposure incurred as a result of the litigation. The court properly held that the execution of this agreement did not constitute a splitting of the cause of action. See Fla.Stat. § 768.041, F.S.A.; Jacksonville Terminal Company v. Misak, Fla.1958, 102 So.2d 295; Clemons v. Clark, Fla.App.1965, 172 So.2d 242.

Affirmed.