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Martinez v. Gonzalez

District Court of Appeal of Florida, Third District
Mar 6, 1979
368 So. 2d 92 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-543.

March 6, 1979.

Appeal from Circuit Court, Dade County; Milton A. Friedman, Judge.

Helliwell, Melrose DeWolf and William E. Sadowski, Miami, for appellants.

Roy W. Allman Associates, Fort Lauderdale, for appellees.

Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.


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).


Summaries of

Martinez v. Gonzalez

District Court of Appeal of Florida, Third District
Mar 6, 1979
368 So. 2d 92 (Fla. Dist. Ct. App. 1979)
Case details for

Martinez v. Gonzalez

Case Details

Full title:JORGE O. MARTINEZ, AURELIO O. MARTINEZ DE CASTRO AND AMERICAN BANKERS…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 6, 1979

Citations

368 So. 2d 92 (Fla. Dist. Ct. App. 1979)

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