Concrete Sciences, Inc. v. Bassett
District Court of Appeal of Florida
1Per curiam
Reversed on the authority of Fleury v. City of Riviera Beach, 396 So.2d 813 (Fla. 4th DCA 1981). Fleury contemplates that a joint tortfeasor who seeks to utilize a settlement and release from the injured party as a defense to a contribution claim be required to plead the settlement and release and that the other tortfeasor seeking contribution be given an opportunity to plead the lack of good faith as an avoidance of the settlement and release. Upon the joinder of issue on the issue of good faith, the court may then conduct a hearing on the merits of that issue, affording both sides an…
2Cases cited1 opinion
- Fleury v. City of Riviera BeachDistrict Court of Appeal of Florida · 1981
3Cited by1 opinion
- Boca Raton Transportation, Inc. v. ZaldivarDistrict Court of Appeal of Florida · 1995