midpage

Martinez v. GonzalezMartinez v. Gonzalez

District Court of Appeal of Florida
Mar 6, 1979
No. 78-543
Versions:368 So. 2d 92
1979 Fla. App. LEXIS 14568
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).

Case Details

Case Name: Martinez v. Gonzalez
Court Name: District Court of Appeal of Florida
Date Published: Mar 6, 1979
Citations: 368 So. 2d 92; 1979 Fla. App. LEXIS 14568; No. 78-543
Docket Number: No. 78-543
Court Abbreviation: Fla. Dist. Ct. App.
Log In