Legal Question in Civil Litigation in Florida

Liability falling on one Defendant of two-party suit if Plaintiff wishes to dis

If Plaintiff wishes to dismiss one member or a lawsuit involving a corporation and two officers, and he knows one officer is not guilty and wishes to dismiss him, and the lawsuit says ''Jointly & Severally'' can the lawyers do as he wishes, and if one is dismissed, does the liability fall completely on the other defendant?

The charges are fraud, conspiracy, and the misappropriation of funds in a company, and the Plaintiff knows that one officer did nothing wrong, even though she was the bookeeper of record, the managing partner of the LLC withdrew funds on his own.

Thank You for Your Time!

Sincerely, Rick Porter


Asked on 3/24/04, 1:50 pm

1 Answer from Attorneys
Beth Clause Beth L. Clause, PLLC -

Re: Liability falling on one Defendant of two-party suit if Plaintiff wishes to

Yes the Plaintiff may file a voluntary dismissal of any defendant so long as the Plaintiff was the one who brought that defendant into the suit and yes then all liability would be shared jointly and severally between the remaining defendants.

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Answered on 3/24/04, 2:58 pm


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