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GOLDBERG v. STATE FARM AUTO. MUT. INS. CO.

No. 4D05-367.

922 So.2d 983 (2005)

Elliott GOLDBERG, Appellant, v. STATE FARM AUTOMOBILE MUTUAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

March 22, 2005.

Attorney(s) appearing for the Case

Jamie L. Rainer of Kogan & DiSalvo, P.A., Boca Raton, for appellant.

Troy R. Lotane and Brett A. Hyde of Vance, Lotane & Bookhardt, P.A., Cocoa, for appellee.

WARNER, J.

Elliott Goldberg timely appeals a final judgment in favor of State Farm Automobile Mutual Insurance Company arising out of a subrogation claim for bodily injury damages. Because State Farm failed to prove that the entire claim for personal injuries was satisfied, and did not obtain a release of Goldberg from the injured party, it was not entitled to subrogation. We therefore reverse.

Goldberg was involved...

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