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CONTINENTAL INS. CO. v. COON

No. 85-1840.

493 So.2d 485 (1986)

The CONTINENTAL INSURANCE COMPANY, C/O Underwriters Adjusting Company, Appellant/Cross-Appellee, v. Pamela K. COON, As Personal Representative of the Estate of Jerry Frank COON, Deceased, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Clarification Denied September 5, 1986.

Attorney(s) appearing for the Case

Michael L. Rosen and Charles E. Bentley of Holland & Knight, Tallahassee, for appellant/cross-appellee.

Bill Wagner of Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, and Joel S. Perwin of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellee/cross-appellant.

SCHEB, Acting Chief Judge.

Continental Insurance Company contends the trial court erred in reducing its entitlement under its lien for workers' compensation benefits by a pro rata share of attorneys' fees and costs incurred by appellee in prosecuting claims against third-party tort-feasors. Appellee Pamela Coon, as personal representative, cross-appeals the manner in which the compensation lien was fashioned. We agree with Continental's position but we find no merit...

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