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METROPOLITAN DADE COUNTY TRANSIT AUTHORITY v. EDWARDS

No. 70-992.

247 So.2d 775 (1971)

METROPOLITAN DADE COUNTY TRANSIT AUTHORITY, Appellant, v. McArthur EDWARDS, Appellee.

District Court of Appeal of Florida, Third District.

May 18, 1971.

Attorney(s) appearing for the Case

Wicker, Smith, Pyszka, Blomqvist & Davant, and John McMath, Miami, for appellant.

Weiner & Rubin, Miami, for appellee.

Before PEARSON, C.J., CHARLES CARROLL, J., and ADAMS, ALTO, Associate Judge.

PER CURIAM.

Appellant is a workman's compensation self-insurer; as such it occupies the position of insurance carrier in this litigation. This appeal is from an order denying equitable subrogation pursuant to F.S. § 440.39, F.S.A.

The trial judge assigned an incorrect ground for his decision. We find, however, that the order appealed should be affirmed upon a different ground. cf. Berkman v. Miami National Bank, Fla.App. 1962, 143 So...

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