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UTICA MUT. INS. CO. v. MITCHELL

No. 80-803.

401 So.2d 835 (1981)

UTICA MUTUAL INSURANCE COMPANY, Etc., Appellant, v. John H. MITCHELL, et Ux., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 29, 1981.

Attorney(s) appearing for the Case

Janet R. DeLaura of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Rockledge, for appellant.

Roy B. Dalton, Jr., of Dean, Ringers, Morgan & Lawton, Orlando, for appellees.

ORFINGER, Judge.

The judgment appealed from determined that the appellant, the compensation carrier for appellee's employer, was not entitled to an equitable distribution of the proceeds of a settlement received by appellee from the third party tort-feasors alleged to be responsible for appellee's injuries.1

The tort action had been prosecuted in the federal district court for the Middle District of Florida. The action below was...

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