CLARENCE JACKSON, APPELLANT,
v.
JULIUS SINGER, APPELLEE
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The appellate court affirmed a lower court's order granting equitable distribution to a workers' compensation insurance carrier from a settlement with a third-party tortfeasor. The court found that the trial court properly considered the carrier's conduct when making its distribution.
No, the trial court did not err in granting equitable distribution to the workers' compensation insurance carrier. The trial court properly considered the carrier's conduct when determining the distribution.
“The record clearly demonstrates that the trial court took into consideration [*784] the conduct complained of.”
Establishes that the trial court considered the appellant's arguments regarding the carrier's conduct.
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Join FLexlaw to unlock all legal intelligenceThe appellant, a workers' compensation recipient, settled with a third-party tortfeasor. The workers' compensation insurance carrier sought equitable …
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This is an appeal by the plaintiff (a Workmen’s Compensation recipient) from an order granting equitable distribution to the Workmen’s Compensation insurance carrier of the proceeds of appellant’s settlement with a third party tort-feasor. See § 440.39, Fla.Stat., F.S.A.
Appellant urges that the trial court erred in granting any amount as equitable distribution to the carrier. He claims the evidence before the court established without controversy that the carrier was guilty of inequitable conduct and was therefore barred from participation by the maxim: he who seeks equity must do equity. The record clearly demonstrates that the trial court took into consideration *784the conduct complained of. We therefore affirm upon the authority of the rule stated in Southern Farm Bureau Casualty Ins. Co. v. Bennett, Fla.App.1961, 131 So.2d 499. See also United States Fidelity & Guaranty Company v. Harb., Fla.App.1964, 170 So.2d 54.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States Fid. & Guar. Company-Workmen's Comp. Lienor v. Lige Harb, 170 So. 2d 54 (Fla. 3d DCA 1964)
- S. Farm Bureau Cas. Ins. Co. v. Bennett, 131 So. 2d 499 (Fla. 2d DCA 1961)