JORGE O. MARTINEZ, AURELIO O. MARTINEZ DE CASTRO AND AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, APPELLANTS,
v.
HECTOR GONZALEZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MIRELLA GONZALEZ AND BERTHA MANZO, APPELLEES

Fla. 3d DCA | 1979-03-06
No. 78-543
Before HAVERFIELD, C. J., and PEARSON and HENDRY, JJ.
368 So. 2d 92 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 4 cases
Opinion of the Court
HENDRY, Judge.

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).

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  • Schreier v. Parker, 415 So. 2d 794 (Fla. 3d DCA 1982)
    …their policy limits to Parker and obtained a release therefor, the contribution claim was barred. Metropolitan Dade County Transit Authority v. Simmons, 375 So. 2d 858 (Fla. 3d DCA 1979), cert. denied 386 So. 2d 639 (Fla.1980); Martinez v. Gonzalez, 368 So. 2d 92 (Fla. 3d DCA 1979); Seaboard Coast Line Railroad Company v. Gordon, 328 So. 2d 206 (Fla. 1st DCA 1976). We turn now to one other point which merits discussion. During the close of the case, counsel for defendant Schreier, and counsel for plaintiff…
  • Fleury v. City OF Riviera Beach & Leonard Andrew Meyers, 396 So. 2d 813 (Fla. 4th DCA 1981)
    …(1979), provides that a release, given in good faith to one of two persons liable in tort for the same injury, discharges the tortfeasor to whom the release is given from all liability for contribution to any other tortfeasor. Martinez v. Gonzalez, 368 So. 2d 92 (Fla. 3rd DCA 1979); Hester v. [*815] Gatlin, 332 So. 2d 660 (Fla. 2d DCA 1976). Thus, it seems clear to us that, if the release given by Meyers to the Fleurys was given in good faith, the Fleurys were not liable to the City of Riviera Beach for con…

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