JOSEPH D. BETHEL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Quinn v. Truman Alan Millard, 358 So. 2d 1378 (Fla. 3d DCA 1978)
  …d from McMillan’s insurer. This was the correct procedure to follow. See generally, Atlantic Ambulance and Convalescent Service, Inc. v. Asbury, 330 So. 2d 477 (Fla. 4th DCA 1975). But cf. Ward v. Ochoa, supra, and Weinstein v. National Car Rentals, 288 So. 2d 509 (Fla. 3d DCA 1973) (where true “Mary Carter” Agreement exists, set off is an insufficient remedy). We find no error in the failure to admit the settlement agreement into evidence.5 Defendants’ sixth argument, dealing with the trial court’s refusal…
• Frier's, Inc. v. Seaboard Coastline R.R. Co. & Billy Jean Parker, 355 So. 2d 208 (Fla. 1st DCA 1978)
  …ment against any of the defendants or if the judgment is less than a specified sum. See Ward v. Ochoa, 284 So. 2d 385 (Fla.1973); Booth v. Mary Carter Paint Co., supra. Mary Carter agreements are valid in Florida, Weinstein v. National Car Rentals, 288 So. 2d 509 (Fla. 2d DCA 1974); however, the courts have not overlooked the fact that such agreements can be extremely prejudicial to the nonagreeing defendant and have attempted to mitigate the harmful effects by permitting pretrial discovery of the agreement…
• Imperial Elevator Co., Inc. v. Cohen, 311 So. 2d 732 (Fla. 3d DCA 1975)
  …fuse to disclose the “Mary Carter Agreement” to the jury. Accord Kuhns v. Fenton, Fla.1973, 288 So. 2d 253, wherein the trial court erred in refusing to admit the agreement into evidence at trial, and Weinstein v. National Car Rentals, Fla.App.1973, 288 So. 2d 509, wherein it was found to be prejudicial error for the court to deny the plaintiff’s motion to bring the agreement to the attention of the jury. Therefore, we reverse the ruling of the trial court and direct that a new trial be granted as to damages.…

Authorities Cited

• Williams v. State, 254 So. 2d 22 (Fla. 3d DCA 1971)
• Davis v. State, 277 So. 2d 300 (Fla. 2d DCA 1973)