Opinion
No. 4-86-0740.
April 15, 1987.
Appeal and cross appeal from the Circuit Court for St. Lucie County; Rupert Jasen Smith, Judge.
Tom Morell of James Young, West Palm Beach, for appellant/cross appellee.
Larry Klein of Klein Beranek, P.A., West Palm Beach and Neill Griffin Jeffries Lloyd, Fort Pierce, for appellees/cross appellants.
The trial court dismissed appellant's action for contribution against appellees upon the ground that Section 95.11(4)(e), Florida Statutes (1985) applied. We conclude that the trial court erred in applying said statute and remand with direction that the trial court consider whether appellees' defense that they were protected from contribution by a contractual release has merit and rule thereon.
ANSTEAD and GLICKSTEIN, JJ., and FEDER, RICHARD Y., Associate Judge, concur.