FLA. CORVETTE CALIPERS v. CINCINNATI MILACRON

No. 95-1602.

670 So.2d 1203 (1996)

FLORIDA CORVETTE CALIPERS, INC., a Florida corporation, Appellant, v. CINCINNATI MILACRON MARKETING COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

April 10, 1996.


Attorney(s) appearing for the Case

Lynne K. Hennessey, Boca Raton, for appellant.

Charles W. Hall, St. Petersburg, and Richard B. Doyle, Jr., Fort Lauderdale, for appellee.


FARMER, Judge.

We reverse the setoff granted under section 768.041(2), Florida Statutes. In Devlin v. McMannis, 231 So.2d 194 (Fla.1970), the supreme court held that a setoff granted under that statute authorizes to be set off from a judgment against one joint tortfeasor only the amount constituting a settlement for the damages or damage elements recoverable in the same cause of action against another joint tortfeasor. We...

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