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LIBERTY MUTUAL INSURANCE COMPANY v. AVILA

No. 74-1555.

317 So.2d 784 (1975)

LIBERTY MUTUAL INSURANCE COMPANY, As Personal Injury Protection Carrier, Appellant, v. Marcelino AVILA et al., Appellees.

District Court of Appeal of Florida, Third District.

July 24, 1975.

Attorney(s) appearing for the Case

Highsmith, Strauss & Nelson, Miami, Frederick A. Gunion, Jr., West Palm Beach, for appellant.

Bernard H. Butts, Jr., and Anthony Dieguez, Hialeah, for appellees.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

This is another case where we are called upon to review an order of equitable distribution, returning to plaintiff's PIP carrier $250.00 after the carrier had advanced $1,388.45 as PIP benefits.

The plaintiff filed a suit, but the matter was immediately settled before answer for $5,000.00 The plaintiff then petitioned for equitable distribution, but offered no legal evidence as to the extent or permanency of his alleged injuries. The court...

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