METROPOLITAN DADE COUNTY TRANSIT AUTHORITY, APPELLANT,
v.
MCARTHUR EDWARDS, APPELLEE

Fla. 3d DCA | 1971-05-18
No. 70-992
Before PEARSON, C. J., CHARLES CARROLL, J., and ADAMS, ALTO, Associate Judge.
247 So. 2d 775 Florida District Court of Appeal, Third District (1971) Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant is a workman’s compensation self-insurer; as such it occupies the position of insurance carrier in this litigation. This appeal is from an order denying equitable subrogation pursuant to F.S. § 440.39, F.S.A.

The trial judge assigned an incorrect ground for his decision. We find, however, that the order appealed should be affirmed upon a different ground, cf. Berkman v. Miami National Bank, Fla.App.1962, 143 So.2d 535. Under authority of United States Fidelity & Guaranty Company v. Harb, Fla.App.1964, 170 So.2d 54, the trial court correctly denied equitable subro-gation in this case.

Affirmed.

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  • Norwood K. Walton v. Walton, 290 So. 2d 110 (Fla. 3d DCA 1974)
    …52, 59 So. 2d 871; Klaber v. Klaber, Fla.App.1961, 133 So. 2d 98; Spears v. Spears, Fla.App. 1963, 148 So. 2d 564; Arrington v. Arrington, Fla.App. 1963, 150 So. 2d 473; Zuidhof v. Zuidhof, Fla.App.1971, 242 So. 2d 739; Black v. Black, Fla.App.1971, 247 So. 2d 775; Calligarich v. Calligarich, Fla.App. 1971, 256 So. 2d 60; McRee v. McRee, Fla.App.1972, 267 So. 2d 21; Belcher v. Belcher, Fla.1972, 271 So. 2d 7. Undoubtedly, these authorities stand for the principle advanced by the appellant and the award made b…
  • Budagail S. Kirchman v. Kirchman, 389 So. 2d 327 (Fla. 5th DCA 1980)
    …dissolution. Lee v. Lee, 309 So. 2d 26 (Fla. 2d DCA 1975). Alimony is not to be used to pay off a debt from one spouse to another. Spears v. Spears, 148 So. 2d 564 (Fla. 1st DCA), aff’d mem., 156 So. 2d 912 (Fla.App. 1963). See also Black v. Black, 247 So. 2d 775 (Fla. 3d DCA 1971). Here, the trial judge referred to his award as “periodic alimony” in the transcript and denominated it merely “alimony” in the judgment. We do not know if he means periodic rehabilitative alimony, periodic permanent alimony or l…
  • Hackney v. Hackney, 324 So. 2d 179 (Fla. 4th DCA 1975)
    …mer, when combined with the evidence and accompanying awards, served to make this particular lump sum alimony award an abuse of discretion. See Posner v. Posner, 257 So. 2d 530 (Fla.1972); Posner v. Posner, 233 So. 2d 381 (Fla.1970); Black v. Black, 247 So. 2d 775 (3d DCA Fla.1971); Costa v. Costa, 245 So. 2d 123 (2d DCA Fla.1971). In the present instance the wife’s statement that she did not need alimony was unrebutted by testimony or evidence. Furthermore, the husband may have been mislead. He naturally di…

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