TALCOTT v. CENTRAL BANK AND TRUST COMPANY

No. 70-353.

247 So.2d 727 (1971)

Leroy E. TALCOTT, Jr., and Donald Andrus, Appellants, v. CENTRAL BANK AND TRUST COMPANY, a Florida Banking Corporation, As Guardian of the Property of Ellen Morgan Holl and Bill Colson, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 4, 1971.


Attorney(s) appearing for the Case

Quarles & Mills, So. Miami, for appellants.

Pallot, Poppell, Goodman & Shapo, Podhurst, Orseck & Parks, Miami, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.


PER CURIAM.

The question presented by this appeal is whether the trial court was correct as a matter of law in holding that a limited satisfaction from judgment of one of several tort-feasors executed for consideration by a judgment creditor was a release within the purview of F.S. § 768.041 F.S.A. (Formerly F.S. § 54.28, F.S.A.) and not a satisfaction of the judgment. The trial judge in an extensive and able opinion has set forth the factual background...

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