STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT,
v.
JAMES D. TOTE, INDIVIDUALLY, ET AL., APPELLEES
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The court held that the trial court did not abuse its discretion in awarding only $500 for the personal injury protection lien.
[1] A trial court's order on a petition for equitable distribution of a personal injury protection lien will be affirmed absent a demonstrated abuse of discretion.
[2] An insurer paying personal injury protection benefits is an interested party entitled to seek equitable distribution of amounts recovered by the insured.
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Join FLexlaw to unlock all legal intelligenceAppellant paid appellee Tote $3,869.04 for personal injury protection benefits. After Tote settled his personal injury lawsuit for $8,000, he petition…
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HENDRY, Judge.
Appellant brings this appeal from an order of the trial court entered on appellee James D. Tote’s, plaintiff below, petition for equitable distribution. Appellant became an interested party in the trial court upon the filing of the motion.
On July 2, 1974, appellee James D. Tote filed an action for damages against appellees American Used Cars, Inc., Israel Mesa, and Old Reliable First Insurance Company seeking recovery for damages resulting from a motor vehicle accident. Subsequently, the case was settled and appellee Tote received $8,000.
Following the accident, appellant paid $3,869.04 to appellee Tote for personal injury protection benefits pursuant to the Florida Automobile Reparations Reform Act and its policy of insurance with appellee Tote. After the case was settled, appellee Tote filed a petition for equitable distribution. On January 28, 1975, the trial court entered its order, after a hearing, on appellee Tote’s petition and awarded appellant $500 as full and complete settlement of its personal injury protection lien. From the order, appellant brings this appeal. Appellant contends that the trial court erred and abused its discretion in awarding it only $500 pursuant to § 627.736(3) (b), Fla.Stat., F.S.A., providing for equitable distribution of the amount recovered by appellee Tote. Appellee contends that the trial court did not abuse its discretion and, therefore, the order appealed should be affirmed.
We have considered the record, all points in the briefs, and arguments of counsel in the light of the controlling principles of law, and have concluded that no abuse of discretion has been demonstrated. See Liberty Mutual Insurance Company v. Avila, Fla.App.1975, 317 So. 2d 784; American Fire and Casualty Company v. Oller, Fla.App.1975, 313 So. 2d 67; Central National Insurance Company v. Fernandez, Fla.App.1975, 307 So. 2d 906; and Reyes v. Banks, Fla.App.1974, 292 So. 2d 39. Therefore, for the reasons stated and upon the authorities cited, the order appealed is affirmed.
Affirmed.
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Citator
Cited By
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Jacques Lobry v. State Farm Mut. Auto. Ins. Co., 398 So. 2d 877 (Fla. 5th DCA 1981)…2d 1203 (Fla.2d DCA 1981); Florida Farm Bureau Casualty Co. v. Andrews, 369 So. 2d 346 (Fla.4th DCA 1978). . See Manchester Insurance & Indemnity Company v. Rodriquez, 331 So. 2d 372 (Fla.3d DCA 1976); State Farm Mutual Automobile Ins. Co. v. Tote, 325 So. 2d 57 (Fla.3d DCA 1976); State Farm Mutual Automobile Ins. Co. v. Gordon, 319 So. 2d 36 (Fla.lst DCA 1975); Central National Insurance Group v. Hotte, 312 So. 2d 235 (Fla.1st DCA 1975); Hartford Accident & Indemnity Company v. Orlow, 300 So. 2d 36 (Fla.3d…
Authorities Cited
- Florentine Reyes v. Leonard L. Banks, 292 So. 2d 39 (Fla. 4th DCA 1974)
- Am. Fire & Cas. Co. v. Oller, 313 So. 2d 67 (Fla. 4th DCA 1975)
- Cent. Nat'l Ins. Co. v. Fernandez, 307 So. 2d 906 (Fla. 3d DCA 1975)
- Nebus v. State, 317 So. 2d 784 (Fla. 2d DCA 1975)
- Liberty Mut. Ins. Co. v. Marcelino Avila, 317 So. 2d 784 (Fla. 3d DCA 1975)