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KIMBRELL v. PAIGE

No. 63171.

448 So.2d 1009 (1984)

Dorman K. KIMBRELL, Jr., and Earlene M. Kimbrell, His Wife, Petitioners, v. Phillip PAIGE, et al., Respondents.

Supreme Court of Florida.

April 5, 1984.

Attorney(s) appearing for the Case

Schuler & Wilkerson, P.A., and Edna L. Caruso, West Palm Beach, for petitioners.

Samuel Tyler Hill of Hill & Neale, Fort Lauderdale, Frank W. Weathers of Weathers & Seaman, Lantana, for respondents.

ADKINS, Justice.

This cause is before us on a question certified to the Court by the Fourth District Court of Appeal in Kimbrell v. Paige, 422 So.2d 902, 905 (Fla. 4th DCA 1982), as one of great public importance. The question is:

Does Section 440.39(4), Florida Statutes (1981), bar a separate suit against a third party tort-feasor by an injured employee when such suit is filed more than one year after the cause...

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