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Florida Statute 46.015 | Lawyer Caselaw & Research
F.S. 46.015 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 46
PARTIES
View Entire Chapter
F.S. 46.015
46.015 Release of parties.
(1) A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not release or discharge the liability of any other person who may be liable for the balance of such claim.
(2) At trial, if any person shows the court that the plaintiff, or his or her legal representative, has delivered a written release or covenant not to sue to any person in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment.
(3) The fact that a written release or covenant not to sue exists or the fact that any person has been dismissed because of such release or covenant not to sue shall not be made known to the jury.
History.ss. 1, 2, ch. 80-144; s. 265, ch. 95-147; s. 5, ch. 2000-336.

F.S. 46.015 on Google Scholar

F.S. 46.015 on Casetext

Amendments to 46.015


Arrestable Offenses / Crimes under Fla. Stat. 46.015
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 46.015.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ADDISON CONSTRUCTION CORPORATION, E. v. A. VECELLIO, Jr. C. a k a LLC, v. A. Jr. C. a a E. a R. V. a a L L a a, 240 So. 3d 757 (Fla. App. Ct. 2018)

. . . Setoffs for collateral recoveries are available pursuant to sections 768.041(2) and 46.015(2) of the . . . Because the instant case was founded in contract and not in tort, the court found that section 46.015 . . . To that end, section 46.015(2) provides that if a defendant demonstrates that a plaintiff has released . . . The plain language of section 46.015(2) establishes that when determining whether to apply a settlement . . . Miami , 283 F.3d 1286, 1296 (11th Cir. 2002) (interpreting section 46.015(2) ). . . .

ESCADOTE I CORP. v. OCEAN THREE LIMITED PARTNERSHIP,, 211 So. 3d 1059 (Fla. Dist. Ct. App. 2016)

. . . Section 46.015(2), Florida Statutes (2010), includes a nearly-identical provision that, for purposes . . .

ALLEN v. STATE FARM FLORIDA INSURANCE COMPANY,, 198 So. 3d 871 (Fla. Dist. Ct. App. 2016)

. . . See § 46.015(2), Fla. Stat. (2014). . . . . § 46.015(3); see also Holmes v. . . .

McCALLA v. E. C. KENYON CONSTRUCTION COMPANY, INC. a, 183 So. 3d 1192 (Fla. Dist. Ct. App. 2016)

. . . “Florida law regarding setoffs is found in sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes . . . Pertinent here is section 46.015(2), which provides: At trial, if any person shows the court that the . . . With respect to section 46.015(2) and the other provisions, our supreme court has said: “Each of these . . .

CORNERSTONE SMR, INC. v. BANK OF AMERICA, N. A. a, 163 So. 3d 565 (Fla. Dist. Ct. App. 2015)

. . . Stat. (2012) (emphasis added); accord § 46.015(2), Fla. . . .

PANAMA CITY- BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT, v. KELLOGG BROWN ROOT SERVICES, INC., 140 So. 3d 1112 (Fla. Dist. Ct. App. 2014)

. . . .” § 46.015(3), Fla. . . .

T. YOUNGBLOOD, v. VILLANUEVA,, 141 So. 3d 600 (Fla. Dist. Ct. App. 2014)

. . . from the other defendants against the noneconomic damages awarded to the Estate pursuant to sections 46.015 . . . amounts received from the other defendants against the non-economic damage award pursuant to sections 46.015 . . . Section 46.015(2) states the following: At trial, if any person shows the court that the plaintiff, or . . . Memorial Regional Medical Center, Inc., 659 So.2d 249, 253 (Fla.1995), specifically held that sections 46.015 . . .

IN RE ACOSTA- GARRIGA, V. v. USA N. A., 506 B.R. 149 (M.D. Fla. 2013)

. . . . § 46.015 (governing setoff for a covenant not to sue); § 679.340 (governing setoff against a deposit . . .

WAL- MART STORES, INC. v. STRACHAN, LLC, Al, 82 So. 3d 1052 (Fla. Dist. Ct. App. 2011)

. . . eviscerated and he would be unable to meet his burden of proof required by Florida Statutes sections 46.015 . . .

A. ANDERSON, v. D. VANDER MEIDEN, M. DUGGAN,, 56 So. 3d 830 (Fla. Dist. Ct. App. 2011)

. . . Sections 46.015(2) and 768.041(2), Florida Statutes (2008), provide that a party seeking a set-off must . . . of setoff will be eviscerated and he will be unable to meet the burden of proof required by sections 46.015 . . .

SALEEBY, v. ROCKY ELSON CONSTRUCTION, INC., 3 So. 3d 1078 (Fla. 2009)

. . . Although sections 46.015 and 768.041(3) of the Florida Statutes contain broad language prohibiting any . . .

In PRUDENTIAL OF FLORIDA LEASING, INC. A. v. N. A. a, 478 F.3d 1291 (11th Cir. 2007)

. . . . § 46.015(2). . . .

In PRUDENTIAL OF FLORIDA LEASING, INC. A. v. N. A. a, 478 F.3d 1291 (11th Cir. 2007)

. . . . § 46.015(2). . . .

KMS RESTAURANT CORP. a J. III, v. WENDY S INTERNATIONAL, INC. An A, 194 F. App'x 591 (11th Cir. 2006)

. . . . §§ 768.041 and 46.015, Wendy’s did not waive the right to argue for a set-off of the Citicorp settlement . . . However, in tort actions allowing for a set-off under sections 768.041 and 46.015, set-off is not an . . . Sections 768.041 and 46.015 provide for a set-off of settlements and "presupposes the existence of multiple . . . Section 46.015 contains almost identical language. See Fla. Stat. § 46.015. . . . .

POSEY, v. R. GROBMAN, M. D. R. M. D. P. A. SSJ, 951 So. 2d 857 (Fla. Dist. Ct. App. 2005)

. . . Grobman relies upon the set-off statutes, sections 46.015 and 768.041, Florida Statutes. . . . We have considered sections 46.015(2), 768.041(2), and 768.81, Florida Statutes, applicable to damage . . .

OSHEROFF a v. RAUCH WEAVER MILLSAPS CO. a Co. a a V. a, 882 So. 2d 503 (Fla. Dist. Ct. App. 2004)

. . . Our supreme court recently noted ,that: ■ Florida law regarding setoffs is found in sections 46.015(2 . . . See §§ 46.015(2), 768.041, 768.31, Fla. Stat.; see also NationsBank, N.A. v. . . .

FELGENHAUER, v. BONDS,, 891 So. 2d 1043 (Fla. Dist. Ct. App. 2004)

. . . Sections 768.041 and 46.015,, Florida Statutes (2001), provide for a set-off of settlements in negligence . . . Section 46.015 contains almost identical language. . . . Under sections 768.041 and 46.015 a defendant is entitled to a set-off of the sum the plaintiff received . . . However, in tort actions allowing for a set-off under sections 768.041 and 46.015, set-off is not an . . . Sections 768.041 and 46.015 specifically provide that the fact of the settlement is not to be made known . . .

COUSINS CLUB CORP. v. A. SILVA E., 869 So. 2d 719 (Fla. Dist. Ct. App. 2004)

. . . statutes, section 768.81(3), Florida Statutes (Supp.1988), and Florida’s setoff statutes, sections 46.015 . . .

R. GROBMAN, M. D. R. M. D. P. A. SSJ d b a d b a v. POSEY,, 863 So. 2d 1230 (Fla. Dist. Ct. App. 2003)

. . . her share of noneconomic damages,” Wells, 659 So.2d at 252, with the setoff provisions of 768.041(2), 46.015 . . . Where section 768.81 applies, it limits the scope of the statutes regarding setoffs—-sections 46.015( . . . Instead, the setoff issue is governed by sections 46.015 and 768.041, Florida Statutes (1995), which . . .

C. D ANGELO, M. D. v. J. FITZMAURICE, J. v. C. D M. D., 863 So. 2d 311 (Fla. 2003)

. . . Applicability of Section 768.81, Florida Statutes (1997) Florida law regarding setoffs is found in sections 46.015 . . . figure represented 33.99% of the $200,000 undifferentiated lump sum payment by Charlotte Regional. . 46.015 . . .

CHESTER, v. DOIG, M. D., 842 So. 2d 106 (Fla. 2003)

. . . See §§ 46.015, 768.31, 768.041, Fla. Stat. (2000). . . . .

BLASLAND, BOUCK LEE, INC. a v. CITY OF NORTH MIAMI, a, 283 F.3d 1286 (11th Cir. 2002)

. . . Specifically, Blasland sought the setoff under Florida Statutes § 46.015(2), which allows for setoff . . . Stat. § 46.015(2). . . . Stat. § 46.015(2). . . . Fla Stat. § 46.015(2) (emphasis added). . . . Stat. § 46.015(2), not just for damages a party was entitled to recover. . . .

NATIONSBANK, N. A. N. A. N. A. v. KPMG PEAT MARWICK LLP,, 813 So. 2d 964 (Fla. Dist. Ct. App. 2002)

. . . .”); see also § 46.015(2), Fla. . . .

GOUTY, v. J. SCHNEPEL,, 795 So. 2d 959 (Fla. 2001)

. . . The underlying purpose of the contribution scheme and sections 46.015(2), 768.31(5)(a), and 768.041(2 . . . Section 46.015, Florida Statutes (2000), provides, in pertinent part: (1) A written covenant not to sue . . .

PALM SPRINGS GENERAL HOSPITAL, INC. v. VALDES, M. D., 784 So. 2d 1151 (Fla. Dist. Ct. App. 2001)

. . . Section 46.015, Florida Statutes, directs that a court set off the proceeds of any settlement with “any . . .

DOIG, M. D. v. CHESTER,, 776 So. 2d 1043 (Fla. Dist. Ct. App. 2001)

. . . those other defendants allegedly responsible for the injuries at issue, it refused to consider sections 46.015 . . .

STATE FARM FIRE AND CASUALTY COMPANY, v. B. HIGGINS, L. f k a L. f k a, 788 So. 2d 992 (Fla. Dist. Ct. App. 2001)

. . . .2d 647, 648 (Fla. 4th DCA 1990), “[t]hese provisions appear in substantially similar form in section 46.015 . . . of the statutes entitled ‘Release of parties.’ ” Section 46.015(3), Florida Statutes (2000) provides . . .

J. SCHNEPEL, v. M. GOUTY,, 766 So. 2d 418 (Fla. Dist. Ct. App. 2000)

. . . I conclude that the majority opinion’s interpretation of sections 46.015(2) and 768.041(2), Florida Statutes . . . In Wells, the supreme court interpreted sections 46.015(2) and 768.041(2), Florida Statutes, holding . . . Wells held that Florida’s setoff statutes, sections 46.015(2) and 768.041(2), Florida Statutes (1997) . . . Section 46.015(2), Florida Statutes (1997), provides: At trial, if any person shows the court that the . . . this reason, we have no qualms about giving effect to the legislative intent expressed in sections 46.015 . . .

ACADIA PARTNERS, L. P. v. N. TOMPKINS,, 759 So. 2d 732 (Fla. Dist. Ct. App. 2000)

. . . In calculating the Case 320 final judgment, the trial court determined that section 46.015(2) of the . . . Section 46.015(2) of the Florida Statutes (1997), provides in relevant part: 46.015 Release of parties . . . Acadia argues that the setoff provisions of section 46.015(2) apply only if the settling parties could . . . To support this claim Acadia relies on the wording of section 46.015(2) of the Florida Statutes (1997 . . . So.2d 20 (Fla. 4th DCA), rev. denied, 718 So.2d 1233 (Fla.1998), has applied a setoff under section 46.015 . . .

J. R. BROOKS SON, INC. v. G. QUIROZ,, 707 So. 2d 861 (Fla. Dist. Ct. App. 1998)

. . . Instead, the issue is governed by sections 46.015 and 768.041, Florida Statutes (1995), which, as confirmed . . .

CENTEX- ROONEY CONSTRUCTION CO. INC. St. v. MARTIN COUNTY,, 706 So. 2d 20 (Fla. Dist. Ct. App. 1997)

. . . See § 46.015(2), Fla. . . .

STOEVER v. VEDDER HOMES, INC., 697 So. 2d 1247 (Fla. Dist. Ct. App. 1997)

. . . Citing sections 46.015(3) and 768.041(3), Florida Statutes (1995), the motion in limine asserted that . . . Section 46.015(3) provides: The fact that a written release of covenant not to sue exists or the fact . . .

BAUDO v. BON SECOURS HOSPITAL VILLA MARIA NURSING CENTER, d b a f k a d b a, 684 So. 2d 211 (Fla. Dist. Ct. App. 1996)

. . . See also § 46.015, Fla. Stat. (1991) (expanding concept to non-tort eases). . . .

R. COHEN, D. O. R. D. O. P. A. CNA v. S. RICHTER,, 667 So. 2d 899 (Fla. Dist. Ct. App. 1996)

. . . that the language of section 768.81(3) (apportionment of damages) and the set-off statutes (sections 46.015 . . .

WELLS, v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC., 659 So. 2d 249 (Fla. 1995)

. . . acted to express or clarify its intent as to the continuing application of the provisions of sections 46.015 . . . Sections 46.015(2), 768.31(5)(a), and 768.041(2) are actually parts of the legislative contribution scheme . . . The underlying purpose of the contribution scheme and sections 46.015(2), 768.31(5)(a), and 768.041(2 . . . limitations on the continuing use of the contribution scheme, including the setoff provisions of sections 46.015 . . . APPORTIONED SHARE OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS 768.041(2), 46.015 . . . The district court of appeal held that sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes . . . Section 46.015 provides, in pertinent part: (1) A written covenant not to sue or release of a person . . . Section 46.015 clearly applies to “a person who is or may be jointly and severally liable with other . . . Thus, section 46.015 does not apply to noneconomic damages. . . . I concur with the majority’s reconciliation of sections 46.015(2), 768.31(5), and 768.81(3), Florida . . .

PETERSON J. Co- A. J. v. MORTON F. PLANT HOSPITAL ASSOCIATION, INC. a C. R. N. H. C. N. M., 656 So. 2d 501 (Fla. Dist. Ct. App. 1995)

. . . writing, the settlement was the type of agreement that must not be revealed to the jury under sections 46.015 . . . Keller had settled with the plaintiffs for $250,000 prior to trial, then sections 46.015 and 768.041 . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. WELLS,, 634 So. 2d 655 (Fla. Dist. Ct. App. 1994)

. . . APPORTIONED SHARE OF THE DAMAGES, AS ASSESSED BY THE JURY, UNDER THE PROVISIONS OF SECTIONS 768.041(2), 46.015 . . . when $9,000 is added to that sum and $17,000 is subtracted, the total becomes $508,467.70. .Section 46.015 . . .

ST. MARTIN S EPISCOPAL CHURCH, v. PRUDENTIAL- BACHE SECURITIES, INC., 613 So. 2d 108 (Fla. Dist. Ct. App. 1993)

. . . Appellant makes no contention on this appeal that either section 46.015 or 768.041, Florida Statutes . . .

WILLIAMS v. ARAI HIROTAKE, LTD. U. S. A., 931 F.2d 755 (11th Cir. 1991)

. . . . § 46.015(1), effective June 23, 1980, governs the release of defendants facing joint and several liability . . . In light of these two considerations, coupled with the plain meaning of Fla.Stat. §§ 46.015(1), 768.- . . .

ROWE, L. v. LEICHTER, M. D. M. D. M. D. P. A. M. D. d b a s, 561 So. 2d 647 (Fla. Dist. Ct. App. 1990)

. . . These provisions appear in substantially similar form in section 46.015 of the statutes entitled “Release . . . Section 46.015(3) provides: The fact that a written release or covenant not to sue exists or the fact . . .

RABEN BUILDERS, INC. a a d b a a v. FIRST AMERICAN BANK AND TRUST COMPANY, a Co. a I. S., 561 So. 2d 1229 (Fla. Dist. Ct. App. 1990)

. . . See § 46.015, Fla. Stat. (1987). . . . Marwick contends that the trial court’s decision is supported by the law of setoff and that section 46.015 . . . Section 46.015 Fla.Stat. (1987) provides: (1) A written covenant not to sue or release of a person who . . .

McNAIR, L. v. MEGABANK, INC., 547 So. 2d 207 (Fla. Dist. Ct. App. 1989)

. . . Appellants, while acknowledging the existence of section 46.015, Florida Statutes (1987), and Stephen . . . International Corporation, 428 So.2d 225 (Fla.1983), advance and advocate the argument that section 46.015 . . . the Florida Legislature expressed its dissatisfaction with this common law rule by enacting section 46.015 . . . We find that section 46.015(1), Florida Statutes, and Bodzo have done away with the distinction between . . .

U. S. HOME ACCEPTANCE CORPORATION, v. KELLY PARK HILLS, INC., 542 So. 2d 463 (Fla. Dist. Ct. App. 1989)

. . . This common law rule has been abrogated by § 46.015, Florida Statutes (1983) for documents executed after . . .

ADES v. BANK OF MONTREAL,, 542 So. 2d 1013 (Fla. Dist. Ct. App. 1989)

. . . See also § 46.015, Fla.Stat. (1987) (release of one guarantor does not discharge the liability of remaining . . .

CROWN CORK SEAL COMPANY, INC. v. F. VROOM, J. A. A. a J. J., 480 So. 2d 108 (Fla. Dist. Ct. App. 1985)

. . . To the contrary, section 46.015(2), Florida Statutes (1983), provides: At trial, if any person shows . . .

S. GERARD, v. DEPARTMENT OF TRANSPORTATION,, 455 So. 2d 500 (Fla. Dist. Ct. App. 1984)

. . . See Section 46.015, Florida Statutes (Supp.1980), and Stephen Bodzo Realty, Inc. v. . . . See Section 46.015(2). . . . There is no reason why the provisions of section 46.015 should not have the same effect upon governmental . . .

STEPHEN BODZO REALTY, INC. v. WILLITS INTERNATIONAL CORPORATION, F., 428 So. 2d 225 (Fla. 1983)

. . . . § 46.015, Fla.Stat. (Supp.1980). . . . prior to that date, the district court affirmed based on Florida law prior to the adoption of section 46.015 . . . Because the legislature had expressed its intention to change the rule by enacting section 46.015, however . . . fact that the legislature has expressed its dissatisfaction with the rule by its enactment of section 46.015 . . . against Wil-lits, but did agree to execute a general release at the conclusion of the litigation. . 46.015 . . . Prior to the enactment of section 46.015, Florida Statutes (Supp.1980), the longstanding rule in Florida . . . The legislature has now abrogated this doctrine by the enactment of section 46.015. . . .

STEPHEN BODZO REALTY, INC. v. WILLITS INTERNATIONAL CORP. F., 405 So. 2d 269 (Fla. Dist. Ct. App. 1981)

. . . transactions (the legislature having expressed its intention that the rule be changed by enacting Section 46.015 . . .