Florida District Courts of Appeal, 1979

Martinez v. Gonzalez

Florida District Courts of Appeal · Decided March 6, 1979 · Haverfield, Hendry, Pearson

368 So. 2d 92; 1979 Fla. App. LEXIS 14568 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Schreier v. Parker (Fla. Dist. Ct. App. 1982)
Fleury v. City of Riviera Beach (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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-law data current through December 31, 2025. Source: CourtListener bulk data.