JOHNNY MACK WALLS, APPELLANT,
v.
ASHLAND OIL, INC., A CORPORATION, WARREN BROTHERS COMPANY, A CORPORATION, INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION, AND AN UNKNOWN INSURANCE COMPANY, A CORPORATION, AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLEES; DEPARTMENT OF TRANSPORTATION, APPELLANT, V. JOHNNY MACK WALLS, THOMAS ALLEN BOLIG, AND THE HOME INDEMNITY CO., APPELLEES; ASHLAND OIL, INC., WARREN BROTHERS COMPANY AND INSURANCE COMPANY OF NORTH AMERICA, APPELLANTS, V. JOHNNY MACK WALLS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a general release's effectiveness to discharge non-named tortfeasors is a question of fact, requiring an evidentiary hearing.
The circuit court granted summary judgment based on a general release, but a subsequent Florida Supreme Court decision changed the controlling law. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Question Of Fact cases and more on FLexlaw
PER CURIAM.
In this case we have consolidated three related appeals from orders of the circuit court regarding the construction and application of two releases in a personal injury action. Case No. TT-446 presents an appeal from an order granting summary judgment in favor of defendants on the basis of the general language contained in the first release and the invalidity of the second release. Cases No. AF-323 and AF-324 involve appeals from a final declaratory judgment rendered in favor of third-party plaintiffs based upon the intent of Third-Party Defendants Thomas A. Bolig and Home Indemnity Co. in executing the original release.
The circuit court’s order granting summary judgment in Case No. TT-446 was consistent with the law in effect at that time, as set forth in Hurt v. Leatherby Insurance Co., 354 So. 2d 918 (Fla. 4th DCA 1978). However, after the lower court’s order dated October 25, 1978, the Florida Supreme Court rendered Hurt v. Leatherby Insurance Co., 380 So. 2d 432 (Fla.1980), which held that whether a general printed release is effective to discharge persons oth er than specifically named tortfeasors poses a question of fact. This latter case quashed the decision of the Fourth District Court of Appeal, reversed the summary judgment and remanded for proceedings consistent with the opinion. Relying upon the authority of the supreme court in Hurt v. Leatherby Insurance Co., we likewise reverse the summary judgment entered by the court below and remand the instant cause for an evidentiary hearing to determine the intent of the parties in executing the initial release.
In addition, we affirm the final declaratory judgment entered by the circuit court in Cases No. AF-323 and AF-324.
AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.
ERVIN, SHIVERS and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Banfield v. Songea Louis, 589 So. 2d 441 (Fla. 4th DCA 1991)…s. The instant release contains no such internal inconsistency and/or ambiguity. Therefore, Banfield’s reliance on Hurt, and the companion cases of Flanagan v. Department of Transp., 532 So. 2d 714 (Fla. 2d DCA 1988), and Walls v. Ashland Oil, Inc., 424 So. 2d 105 (Fla. 1st DCA 1982), rev. denied, 430 So. 2d 450 (Fla.1983), is misplaced. The waiver provision upheld in Theis, discussed earlier, was far less specific than the one at issue in the instant case. A waiver that identifies parties by capacity is suf…
Authorities Cited
- Nolan Hurt and Florence Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980)
- Nolan Hurt and Florence Hurt v. Leatherby Ins. Co., 354 So. 2d 918 (Fla. 4th DCA 1978)