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AETNA CASUALTY AND SURETY CO. v. BORTZ

No. 41,137.

271 So.2d 108 (1972)

The AETNA CASUALTY AND SURETY CO., a Foreign Corporation Authorized to Do Business in the State of Florida, Petitioner, Cross-Respondent, v. Edwin BORTZ, Respondent, Cross-Petitioner.

Supreme Court of Florida.

Rehearing Denied January 24, 1973.

Attorney(s) appearing for the Case

Eleanor L. Schockett of Kates, Ress, Gomez & Rosenberg, North Miami, for petitioner, cross-respondent.

Samuel Sheradsky, of Kessler, Roth, Sheradsky & Beckerman, Miami, for respondent, cross-petitioner.

CARLTON, Justice:

By a carrier's petition and a claimant's cross-petition, we have for review on conflict certiorari1 a dispute over the proper application of subsections (3) and (4) of Fla. Stat. § 440.39, F.S.A., as they relate to a suit brought by the carrier, against a third party tortfeasor, within the second year after an accident involving the claimant. Article V, Section 4(2), Florida...

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