La Rosa v. Fernandez

Pedro Fernandez, Jr., a minor, was injured and a negligence suit was brought by his father against Metropolitan Dade County, Florida, Dennis LaRosa and Joseph Serrano.

A settlement was made by the plaintiffs with the defendant Metropolitan Dade County for One Thousand Dollars and plaintiffs agreed that they would not proceed with their suit or seek any damages against Dade County. A jury trial was held and a verdict for Five Hundred Fifty-four Dollars was returned against Serrano and LaRosa.

The defendant, LaRosa, on December 19, 1968, moved for a set-off, pursuant to Fla.Stat. § 54.28, now §…