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APODACA v. OLD SECURITY INSURANCE CO.

No. 80-103.

389 So.2d 320 (1980)

Josefa APODACA, Appellant, v. OLD SECURITY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

October 21, 1980.

Attorney(s) appearing for the Case

Stabinski, Funt, Levine & Vega and Regina F. Zelonker, Miami, for appellant.

Vernis, Bowling, West, Montalto & Goodman and Stephen N. Montalto, Miami, for appellee.

Before HUBBART, C.J., SCHWARTZ, J., and LILES, WOODIE A. (Ret.), Associate Judge.

PER CURIAM.

The final order under review is reversed and the cause remanded to the trial court with directions to order a new hearing on the appellant's motion for equitable distribution of personal injury protection benefits upon a holding that the appellee no-fault carrier, contrary to the trial court's implicit ruling below, has no right to equitable distribution of personal injury protection benefits under Section 627.736(3), Florida Statutes (1974) [since repealed...

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