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AETNA INS. CO. v. HARTER

No. 79-653.

379 So.2d 1019 (1980)

AETNA INSURANCE COMPANY, Appellant, v. Gayle C. HARTER et al., Appellees.

District Court of Appeal of Florida, Second District.

February 13, 1980.

Attorney(s) appearing for the Case

James B. Thompson and Mark E. Hungate of Fowler, White, Gillen, Boggs, Villareal & Banker, St. Petersburg, for appellant.

Rick A. Mattson of Stoneman, Mattson & McGrady, St. Petersburg, for appellees.

SCHEB, Judge.

Appellant, Aetna Insurance Company, paid workers' compensation benefits to an injured employee who subsequently recovered damages for her injuries in a suit against third-party tortfeasors. The trial court dismissed a motion for equitable distribution filed under Section 440.39(3), Florida Statutes (1975).1 Aetna appeals.

The issue we address is whether Aetna's failure...

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