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CENTEX-RODGERS CONST. CO. v. HERRERA, M.D.

No. 4D01-928.

816 So.2d 1206 (2002)

CENTEX-RODGERS CONSTRUCTION COMPANY, a Nevada corporation and Arlington Electric, Inc., a Florida corporation, Appellants, v. George HERRERA, M.D. and Josefa Herrera, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

May 22, 2002.

Attorney(s) appearing for the Case

Patrick B. Flanagan of Flanagan, Maniotis & Berger, P.A., West Palm Beach, for appellants.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Keith A. Schafer of Chikovsky, Ben & Schafer, Hollywood, for appellees.

SHAHOOD, J.

We adopt the order of the trial court denying the collateral source set-off which made the following findings of fact and conclusions of law:

1. That the jury award of $761,641.09 made the Plaintiff whole; 2. That a common law right of equitable subrogation existed for the disability insurance policy payments made to the Plaintiff, George Herrera; 3. The Plaintiff has settled the...

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