THE OHIO CASUALTY GROUP, APPELLANT,
v.
JAMES C. PARRISH, JR., A MINOR, ETC., ET AL., APPELLEES
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Florida appellate court affirmed an equitable proration order apportioning a personal injury settlement under Fla. Stat. § 440.39, holding that although the trial court's procedure deviated from statutory requirements, the workers' compensation carrier was estopped from objecting after participating without reservation and stipulating to the informal process.
A workers' compensation carrier is estopped from challenging an equitable proration order when it participated without objection in an informal conference and stipulated to submit the matter to the trial judge without formal proceedings, even if the procedure deviated from statutory requirements.
[1] A party is estopped from challenging a trial court's equitable proration order when it participated without objection in an informal conference and stipulated to submit t…
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Join FLexlaw to unlock all legal intelligenceA workers' compensation carrier appealed an order apportioning a personal injury settlement for an injured minor pursuant to Fla. Stat. § 440.39. The …
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These consolidated appeals are from the same order of equitable proration which apportioned the amount of a personal injury settlement agreement pursuant to Fla. Stat. § 440.39, F.S.A. The appellant is the workmen’s compensation carrier for the injured minor appellee.
Three points are argued. The first urges that the order must be reversed because the procedure followed in the trial court was improper. We agree that the procedure was not in accord with the statute and the case law concerning the subject; nevertheless, we hold that no reversible error has been demonstrated since the appellant participated without objection in ■the conference, which served as a substitute for the prescribed hearing. Appellant stipulated with appellees to submit the matter to the trial judge without formal proceedings. Appellees substantially changed their positions in reliance upon appellant’s apparent agreement to that procedure. Appellant is now estopped to change its position simply because it is dissatisfied with the result. See Jones v. Life Insurance Company of Florida, Fla.App.1968, 215 So.2d 889; Walker v. Narose Bldgs., Inc., Fla.App.1968, 206 So.2d 400.
*551Appellant’s second and third points essentially question the amount of the apportionment. No error is shown. See Hardware Mutual Insurance Company v. Roth, Fla.App.1969, 222 So.2d 768.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Ohio Cas. Grp. v. Parrish, 350 So. 2d 466 (Fla. 1977)…paid and on August 23, 1971, entered his order of award accordingly. The settlement was to be $1.7 million dollars. On appeal, the District Court of Appeal, Third District, affirmed the equitable distribution order. Ohio Casualty Group v. Parrish, 260 So. 2d 550 (Fla. 3d DCA 1972). Ohio Casualty then filed a petition for writ of certiorari before this Court. That petition was denied. 273 So. 2d 78 (Fla.1973). Petitioner was also denied review by the United States Supreme Court. 414 U.S. 828, 94 S.Ct. 53, 38…
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The Ohio Cas. Grp. v. Parrish, 338 So. 2d 910 (Fla. 3d DCA 1976)…ecovery the court would allow appellant on its lien. On August 23,1971, the trial court entered its order of award and an appeal by the carrier followed. By order of April 4, 1972, this court affirmed the trial court. Ohio Casualty Group v. Parrish, 260 So. 2d 550 (Fla.3d DCA 1972), cert. den. 273 So. 2d 78 (Fla.1973), cert. den. 414 U.S. 828, 94 S.Ct. 53, 38 L.Ed.2d 62 (1973); App. dism. 291 So. 2d 8 (Fla.1974). On November 5, 1975, appellant, based upon a subsequent modification of Section 440.39, Florida…
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The Ohio Cas. Grp. v. Parrish, 273 So. 2d 78 (Fla. 1973)…Certiorari denied. 260 So. 2d 550. ROBERTS, Acting C. J., and BOYD, McCAIN and DEKLE, JJ., concur. ERVIN, J., dissents.…
Authorities Cited
- Hardware Mut. Ins. Co. v. Roth, 222 So. 2d 768 (Fla. 3d DCA 1969)
- Jones v. Life Ins. Co. OF Fla., 215 So. 2d 889 (Fla. 3d DCA 1968)
- Sol Walker v. Narose BLDGS., Inc., 206 So. 2d 400 (Fla. 2d DCA 1968)
- The Protestant Episcopal Church OF the Diocese OF Fla. v. The Tallahassee Bank & Tr. Co., 206 So. 2d 400 (Fla. 1st DCA 1968)