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General Casualty Insurance Company v. Moore, Fla,
1962, 143 So. 2d. 805. It appears from the case of
Baughman v. Aetna Casualty and Surety Company, supra, _
that the court's award to a carrier of the entire
amount of a claim has been held (under the particular
circumstances of that case) to be within its discretion.
It would appear, likewise, that a court may (in parti-
cular circumstances of a given case) determine that a
carrier would be entitled to nothing, as it did in the
instant case. In light of the record on appeal, the
amount of the verdict, the cost, expenses and attorneys'.
_ fees incurred by the plaintiff, we find no abuse of
discretion in the court's failure to make any equitable
distribution to the appellant. The Supreme Court of
Florida indicated, in the case of Arex Indemnity Company
v. Kadin, supra, that there could be no mathematical
formula for the determination of an equitable distribu-
tion in accordance with the statute, and that each case
must turn on its particular facts and circumstances.
It is not the province of this court to substitute its
judgment for that of the trial court, but in the instant
case, only to determine if the trial court abused its
discretion. The appellant having failed to make abuse
appear and the record support the actions of the trial
court, same should be and are hereby affirmed. See:
Builders Supply Co. v. Acton, 56, Fla.. 756, 47 So.822;
Williams v. Yelvington, 103 Fla, 145, 137 So. 156;
Florida Telephone Corporatidn v. State ex rel. Peninsular
Tel. Co., Fla. App. 1959, 111 So.2d. 677."
Accordingly, the Petition for. Equitable Distribution be, and the
same is hereby denied.
DONE AND ORDERED in Chambers in Fort Pierce, Florida, this
day of June, 1980.
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Copies furnished to:
Harry D. Robinson, Esquire
Attorney for Commercial Union
Assurance Companies
~ 2247 Palm Beach Lakes Blvd.
West Palm Beach, Florida 33401 jU1~ l6 ~ 42
George H. Moss, Esquire ~co~`~
Jones , Fos ter & Moss S
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~ co~taASA'
P . O. Box 3406 '~~T C011RT
Vero Beach, Florida 32960 p~~--
RED= YLRIf IE~ - v
C. R. McDonald, Jr., Esquire
~ Suite 200, Citizens Federal Building
1600 South Federal Highway
Ft. Pierce, FL 33450
~~3 P~ 413
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