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SUN FIRST NATIONAL BANK OF MELBOURNE v. BATCHELOR

No. 73-1056.

308 So.2d 649 (1975)

SUN FIRST NATIONAL BANK OF MELBOURNE, As Administrator Ad Litem of the Estate of Ralph E. Balch and Bess D. Balch, Appellant, v. Lael N. BATCHELOR, Individually and As Executrix of the Estate of Mead W. Batchelor, Appellee.

District Court of Appeal of Florida, Fourth District.

February 28, 1975.

Attorney(s) appearing for the Case

Sam Daniels, Miami, and Williams, Geilich & Potter, Melbourne, for appellant.

Frank Clark, III Sarasota, for appellee.

OWEN, Chief Judge.

The principal question involved in this case is whether Section 768.041(1), F.S.,1 applies to an action for conversion. We conclude, as the trial court did, that the statute is not applicable and that the common law rule obtains, i.e., a release or discharge of one or more tort-feasors, excuted in satisfaction of the tort, is a discharge of all other tort-feasors who may be liable for the same tort.

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