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84 LUMBER CO. v. COOPER

No. 94-01260.

656 So.2d 1297 (1994)

84 LUMBER COMPANY, Appellant, v. Mark COOPER, Appellee.

District Court of Appeal of Florida, Second District.

December 28, 1994.

Attorney(s) appearing for the Case

Robert M. Daisley and Wolfgang M. Florin of Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa, for appellant.

Terry S. Nelson of Goldberg, Goldstein & Buckley, P.A., Fort Myers, for appellee.

LAZZARA, Judge.

The appellant, 84 Lumber Company (84 Lumber), challenges the trial court's order limiting its right of reimbursement from appellee, Mark Cooper, under a subrogation clause of an employee's medical benefit payment plan. It contends, for the first time in this case, that the trial court had no jurisdiction to enter the order. Because we agree with 84 Lumber's contention, we need not reach the other...

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