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U.S. FIDELITY AND GUA. CO. v. BRYANT

No. WW-12.

392 So.2d 378 (1981)

UNITED STATES FIDELITY AND GUARANTY CO., Appellant, v. Robert Harold BRYANT, Appellee.

District Court of Appeal of Florida, First District.

January 16, 1981.

Attorney(s) appearing for the Case

Charles L. Cetti of Cetti & McGraw, Pensacola, for appellant.

Thomas F. Condon of Emmanuel, Sheppard & Condon, Pensacola, for appellee.

ROBERT P. SMITH, Jr., Judge.

At issue on USF&G's appeal is whether Section 440.39(3)(a), Florida Statutes (1977), since amended, Chapter 79-40, Section 30, Florida Laws, required that the carrier's notice of compensation and medical benefits paid be recorded in advance of the judgment, as well as previously filed in the worker's lawsuit against the third party tortfeasor, in order to constitute a lien for equitable distribution of benefits paid. The circuit court...

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