The jury found that both parties breached the contract and awarded ConvaCare and Johnson $40,000 in damages on their counterclaim.  The court then calculated Medtronic's damages and entered judgment against ConvaCare for $905,143.803 and made Johnson jointly and severally liable for $40,000 of this amount.  Medtronic appeals arguing that although Johnson's personal guaranty was limited to $40,000, he is jointly and severally liable for the entire judgment under the terms of the repayment agreement.  ConvaCare and Johnson cross-appeal the dismissal of their claims for breach of fiduciary duty and breach of the covenant of good faith and fair dealing.

II. DISCUSSION
A. Joint and Several Liability

6
The repayment agreement, which Johnson signed in his capacity as president of ConvaCare and also in his individual capacity, provides in relevantRays hoping Felix can hack it

ST. PETERSBURG -- He doesn't have the power of superstar Alex Rodriguez. Doesn't hit for a high average like matinee idol Derek Jeter. Doesn't have the overall offensive abilities of Nomar Garciaparra. Or, for that matter, Miguel Tejada, Alex Gonzalez, Royce Clayton, Deivi Cruz, Mike Bordick, Omar Vizquel, Cristian Guzman, Benji Gil (Benji Gil!) or any other shortstop in the American League.

Felix Martinez measures up in other ways.

Acquired on waivers in April and installed as the Rays' starting shortstop after the May 25 release of Kevin Stocker, Martinez last season emerged as one of the most spectacular defensive players in the league.

Which was a good thing, because he proved to be one of the least productive offensive players.

Martinez's .214 average was the lowest