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AREX INDEMNITY CO. v. RADIN

72 So.2d 393 (1954)

AREX INDEMNITY CO. v. RADIN et al.

Supreme Court of Florida. Special Division B.

Rehearing Denied May 27, 1954.

Attorney(s) appearing for the Case

Nichols, Gaither, Green, Frates & Beckham, Miami, for George Radin.

Brown, Dean & Hill, Miami, for L.F. Popell and Mary Dorset and L.F. Popell Co., Inc., a Florida corporation.

Knight, Smith & Underwood, Miami, for appellant.

DREW, Justice.

The appellant, a Workmen's Compensation carrier, questions the amount allocated to it from proceeds of a partial recovery by an employee of its insured against a third party tort feasor.

The award was made pursuant to Section 440.39(3), Florida Statutes 1951, F.S.A., which in part provides:

"* * * Upon suit being filed the employer or the insurance carrier, as the case may be, may file in the suit a notice of payment of compensation...

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