COLONNADES, INC., ET AL., PETITIONERS,

v.

MARY L. PANETTA ET AL., RESPONDENTS

Citator

Cited By

• Campbell v. Gordon, 674 So. 2d 783 (Fla. 1st DCA 1996)
  …ontribution from the other obligors for their aliquot share.” Fletcher v. Anderson, 616 So. 2d 1201, 1202 (Fla. 2d DCA 1993); accord Meckler v. Weiss, 80 So. 2d 608 (Fla.1955); Berkan v. Brown, 242 So. 2d 207 [*788] (Fla. 3d DCA 1970), cert. denied, 246 So. 2d 111 (Fla.1971). See also Restatement of Restitution § 81 (1986) (“Unless otherwise agreed, a person who has discharged more than his proportionate share of a duty owed by himself and another as to which, between the two, neither had a prior duty of perf…
• Schrank v. Pearlman, 683 So. 2d 559 (Fla. 3d DCA 1996)
  …t, the other shall pay such a sum as shall render their common burden equal. Love v. Gibson, 2 Fla. 598, 618-19 (1849); see also Meckler v. Weiss, 80 So. 2d 608, 609 (Fla.1955); Berkan v. Brown, 242 So. 2d 207, 209 (Fla. 3d DCA 1970), cert, denied, 246 So. 2d 111 (Fla.1971). Since in the circumstances of the present case, the right of contribution is created by law, and does not arise from any promise contained in the written guaranties themselves, the question is whether the cause of action is “founded on…
• Gerver v. Stein, 490 So. 2d 1331 (Fla. 3d DCA 1986)
  …e mortgage payment, was entitled to contribution from cotenant Gerver for the portion of the payment he made which was for her benefit. See Meckler v. Weiss, 80 So. 2d 608 (Fla.1955); Berkan v. Brown, 246 So. 2d 207 (Fla. 3d DCA 1970), cert. denied, 246 So. 2d 111 (Fla.1971). The co-tenancy herein involves two cotenants, Stein and Gerver; Stein made a $9,808.34 mortgage payment, half of which was made for Gerver’s benefit, with no contribution from his cotenant Gerver or her predecessor in interest; Stein is…