RYAN v. GLADWELL, 265 So.2d 63 (Fla.App. 3 Dist. 1972)

ROBERT D. RYAN AND NATIONWIDE MUTUAL INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANTS, v. RUTH GLADWELL AND RICHARD M. GLADWELL, EXECUTORS OF THE ESTATE OF WILLIAM W. GLADWELL, DECEASED, APPELLEES.

No. 72-9.District Court of Appeal of Florida, Third District.
August 1, 1972.

Appeal from the Circuit Court, Dade County, John J. Kehoe, J.

Page 64

Weissenborn, Burr Hyman, Miami, for appellants.

Horton, Schwartz Perse, Sams, Anderson, Alper, Spencer
Post, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

The point presented on this appeal urges that the trial court erred in ruling against the appellants when they moved to amend their answer by asserting a defense “in the nature of res judicata.” During the trial, appellants’ counsel sought to introduce into evidence a “hold harmless agreement” whereby an insurance company for a jointly liable defendant paid the full extent of its coverage in return for plaintiffs’ agreement to hold it harmless from all monetary exposure incurred as a result of the litigation. The court properly held that the execution of this agreement did not constitute a splitting of the cause of action. See Fla. Stat. § 768.041, F.S.A.; Jacksonville Terminal Company v. Misak, Fla. 1958, 102 So.2d 295; Clemons v. Clark, Fla.App. 1965, 172 So.2d 242.

Affirmed.