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IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR ST.
LUCIE COUNTY, STATE OF FLORIDA.
CASE NO. 85-68-CA-10
EARL CHARLES and EUNICE CHARLES,
his wife,
Plaintiffs,
vs.
KENNETH THOMAS SCOTT and DEPARTMENT
OF TRANSPORTATION OF THE STATE OF
FLORIDA,
Oefendants.
ORDER
This cause came on for hearing before this Court on the
lst day of November, 1985 upon the Motion for Equitable Dis-
tribution filed herein by the Plaintiff s, EARL CHARLES and
EUNICE CHARLES, his wife. Having considered said motion, the
argument of counsel and the Memorandum of Law submitted by the
Employer, DEPARTMENT OF TRANSPORTATION OF THE STATE OF FLORIDA,
this Court finds and determines that ~he Plaintiffs have entered
into an agreement with the Defendant, KENNETH THOMAS SCOTT,
through his insurance carrier, for settlement of the Plaintiffs'
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claims against said Defendant arising out of the accident which
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` is the subject of this action for a lump sum payment of $80,000.00;
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~ that the Plaintiff, EARL CHARLES, was employed by the Employer at
~ the time of the accident and that he filed a claim for workers'
~ compensation benefits arising out of said accident; that the
~ Deputy Commissioner of Industrial Claims entered an order in
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the compensation claim finding that the Plaintiff was within
~ the course and scope of his employment at the time of the
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~ accident; that the order of the Deputy Commissioner was appealed
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~ by the Employer and that because of the pending appeal no workers'
~ compensatian benefi~s have been paid by the Employer to date.
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Accordingly, the Employer has no present subrogation entitlement
to the proceeds of the Plaintiffs' settlement with the Defendant
and his insurance carrier. However, it remains for this Court
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