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COOPER TRANSP., INC. v. MINCEY

No. 83-2216.

459 So.2d 339 (1984)

COOPER Transportation, Inc., and Transport Insurance Company, Appellants/Cross-Appellees v. James Mincey, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 17, 1984.

Attorney(s) appearing for the Case

Miller, Hodges & Kagan and H. Jack Miller, Miami, for appellants/cross-appellees.

Keyfetz, Poses & Halpern and L. Barry Keyfetz, Miami, for appellee/cross-appellant.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

HENDRY, Judge.

Transport Insurance Co., workers' compensation carrier, and Cooper Transportation, Inc., employer, appeal the final judgment of the trial court which determined the amount of the carrier's compensation lien, under section 440.39(3), Florida Statutes (1981). The lien constituted a pro rata distribution from a settlement obtained by the injured employee against a third party tortfeasor. Mincey cross-appeals that part of the judgment which allowed the...

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