LIBERTY MUTUAL INSURANCE COMPANY, APPELLANT,
v.
JAMES I. WILLIAMS AND HARRY F. JONES, M.D., ET AL., APPELLEES

Fla. 4th DCA | 1978-03-14
No. 76-2623
DOWNEY, ANSTEAD and LETTS, JJ., concur.
356 So. 2d 54 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the employer’s Workmen’s Compensation carrier from an order denying it any award in a proceeding for equitable distribution, pursuant to Section 440.39, Florida Statutes (1975).

We have considered appellant’s contention in the light of the record1 and the authorities and find that no abuse of discretion has been demonstrated. In equitable distribution cases a trial judge, when supported by the record, may in the exercise of his discretion find the insurance carrier not entitled to recover any amount by way of equitable distribution. United States Fidelity & Guaranty Company v. Harb, 170 So. 2d 54 (Fla. 3rd DCA 1964).

Accordingly, the judgment appealed from is affirmed.

AFFIRMED.

DOWNEY, ANSTEAD and LETTS, JJ., concur. . The record does not contain the evidence adduced at the hearing on appellant’s application for equitable distribution. However, the trial judge made specific findings of fact in the judgment.


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Citator

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  • Fireman's Ins. Co. OF Newark v. Phillips, 368 So. 2d 98 (Fla. 3d DCA 1979)
    …lue of damages (i. e. $130,000) and the comparative negligence on the part of Phillips. The determination of the amount of an equitable distribution rests within the sound discretion of the trial court. Liberty Mutual Insurance Company v. Williams, 356 So. 2d 54 (Fla. 4th DCA 1978). There was no abuse of discretion on the part of the trial judge in deciding to apply the formula set out in National Ben Franklin Insurance Company v. Hall, supra. In fact, counsel for Fireman’s did not object when the trial jud…
  • Metro. Dade Cnty. v. Taddia, 378 So. 2d 804 (Fla. 3d DCA 1980)
    …manded for further consideration in light of this opinion, the requirements of the statute and caselaw authority. See, Fireman’s Insurance Company of Newark v. Phillips, 368 So. 2d 98 (Fla. 3d DCA 1979); Liberty Mutual Insurance Company v. Williams, 356 So. 2d 54 (Fla. 4th DCA 1978); National Ben Franklin Insurance Company v. Hall, 340 So. 2d 1269 (Fla. 4th DCA 1976). The court may in its discretion permit the parties an opportunity to submit additional evidence relative to the issue of equitable distributio…
  • Fla. Farm Bureau Cas. Ins. Co. v. Calvert, 381 So. 2d 1160 (Fla. 3d DCA 1980)
    …s. Co. v. Jenkins, 370 So. 2d 1201 (Fla. 1st DCA 1979); State Farm Mutual Automobile Ins. Co. v. Anderson, 332 So. 2d 623 (Fla. 4th DCA 1976); Moore v. Sky Realty Inc., 339 So. 2d 299 (Fla. 3d DCA 1976); Commercial Union Ins. Co. v. Estate of Plute, 356 So. 2d 54 (Fla. 4th DCA 1978); and All-Star Ins. Corp. v. Scandia, Inc., 353 So. 2d 171 (Fla. 3d DCA 1977).…

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