Legal Opinion

McNair v. Megabank, Inc.

District Court of Appeal of Florida

Decided July 5, 1989No. 88-2848PublishedCited by 2 opinions

1Opinion of the Court

GERSTEN, Judge.

This is a non-final appeal from a post-judgment order denying satisfaction of a judgment where appellee had previously released two co-obligors. We affirm.

Appellants contend that, as a matter of law, a satisfaction or release of one jointly and severally liable judgment debtor acts as a satisfaction or release as to all liable judgment debtors. Appellee, Megabank, asserts that the common law doctrine — that the release of one joint and several obligor releases all others — is no longer the law in Florida.

In January 1988, Megabank filed suit for breach of contract for nonpayment…

2Cases cited3 opinions

  1. Stephen Bodzo Realty, Inc. v. WILLITS INTERN. CORP.Supreme Court of Florida · 1983
  2. Penza v. NecklesSupreme Court of Florida · 1977
  3. Therrell v. ReillySupreme Court of Florida · 1932

3Cited by2 opinions

  1. Vernon v. Service Trucking, Inc.District Court of Appeal of Florida · 1990
  2. BankAtlantic v. BerlinerDistrict Court of Appeal of Florida · 2005

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