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GENERAL GUARANTY INSURANCE COMPANY v. MOORE

No. 2965.

143 So.2d 541 (1962)

GENERAL GUARANTY INSURANCE COMPANY, a Corporation, Appellant, v. Harry E. MOORE, Robert Simmons, and L.L. Stone, Inc., Appellees.

District Court of Appeal of Florida. Second District.

August 1, 1962.

Attorney(s) appearing for the Case

Thomas C. MacDonald, Jr., and William T. Keen, of Shackleford, Farrior, Stalling, Glos & Evans, Tampa, for appellant.

Robert C. Lane and Curtiss B. Hamilton, Miami, for appellee Moore.

ALLEN, Judge.

This appeal is brought by a workmen's compensation carrier from a final order entered on its subrogation claim in an action arising under Section 440.39(4), Florida Statutes, 1957, F.S.A. Under this provision, if an employee subject to the workmen's compensation law has been injured by a third party tort-feasor and fails within one year to bring an action against said third party, the employer or compensation carrier is permitted to sue the third party...

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