Jackson v. Singer

District Court of Appeal of Florida

Jackson v. Singer

221 So. 2d 783, 1969 Fla. App. LEXIS 5981

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1969

DocketNo. 68-779

StatusPublished

This text of 221 So. 2d 783 (Jackson v. Singer) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Singer, 221 So. 2d 783, 1969 Fla. App. LEXIS 5981 (Fla. Ct. App. 1969).

Pincite

Opinion

PER CURIAM.

This is an appeal by the plaintiff (a Workmen’s Compensation recipient) from an order granting equitable distribution to the Workmen’s Compensation insurance carrier of the proceeds of appellant’s settlement with a third party tort-feasor. See § 440.39, Fla.Stat., F.S.A.

Appellant urges that the trial court erred in granting any amount as equitable distribution to the carrier. He claims the evidence before the court established without controversy that the carrier was guilty of inequitable conduct and was therefore barred from participation by the maxim: he who seeks equity must do equity. The record clearly demonstrates that the trial court took into consideration [784]*784the conduct complained of. We therefore affirm upon the authority of the rule stated in Southern Farm Bureau Casualty Ins. Co. v. Bennett, Fla.App.1961, 131 So.2d 499. See also United States Fidelity & Guaranty Company v. Harb., Fla.App.1964, 170 So.2d 54.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal by the plaintiff (a Workmen’s Compensation recipient) from an order granting equitable distribution to the Workmen’s Compensation insurance carrier of the proceeds of appellant’s settlement with a third party tort-feasor. See § 440.39, Fla.Stat., F.S.A.

Appellant urges that the trial court erred in granting any amount as equitable distribution to the carrier. He claims the evidence before the court established without controversy that the carrier was guilty of inequitable conduct and was therefore barred from participation by the maxim: he who seeks equity must do equity. The record clearly demonstrates that the trial court took into consideration [784]*784the conduct complained of. We therefore affirm upon the authority of the rule stated in Southern Farm Bureau Casualty Ins. Co. v. Bennett, Fla.App.1961, 131 So.2d 499. See also United States Fidelity & Guaranty Company v. Harb., Fla.App.1964, 170 So.2d 54.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

221 So. 2d 783, 1969 Fla. App. LEXIS 5981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-singer-fladistctapp-1969.

Opinion

Related

Cite This Page — Counsel Stack