Doctrine of Equitable Contribution

Here is an interesting case dealing with the doctrine of equitable contribution which “applies to cases involving joint contractual obligations when the parties’ agreement does not address their rights to seek contribution.” Shamieh v. HCB Financial Corp., 48 Fla.L.Weekly D377a (Fla. 1st DCA 2023). In this case, two persons executed a mortgage and promissory note to purchase property. The persons were jointly and severally liable under the mortgage. They defaulted on the mortgage and one of the persons paid $1 million to settle the debt. That person sued his co-obligor under the mortgage for half of the settlement amount under...

10 March

0 Comments

Sticky

Owner Jointly and Severally Liable for Nondelegable Duty

Posted by David Adelstein

in Trial Perspectives

Previously, I discussed the case of Walters v. Beach Club Villas Condominium, Inc., 2020 WL 912943 (Fla. 3d DCA 2020) as it pertains to the Fabre defense. In this case, the plaintiff--a guest of a condominium unit owner--sued the association and the association’s dock contractor after she injured herself on an unfinished dock. The association hired a dock contractor to repair and replace a dock and the work was unfinished on the date the plaintiff injured herself. The plaintiff claimed the association was jointly and severally liable for the dock contractor’s portion of damages. The appellate court agreed because the association...