317 So. 2d 784 | Fla. Dist. Ct. App. | 1975
This is another case where we are called upon to review an order of equitable distribution, returning to plaintiff’s PIP carrier $250.00 after the carrier had advanced $1,388.45 as PIP benefits.
The plaintiff filed a suit, but the matter was immediately settled before answer for $5,000.00 The plaintiff then petitioned for equitable distribution, but offered no legal evidence as to the extent or permanency of his alleged injuries. The court, without receiving any legal evidence or stating any equitable consideration, awarded the PIP carrier $250.00 and this appeal ensued.
Since the enactment of the no fault insurance statute, there have been a number of decisions on this subject matter of equitable distribution. State Farm Automobile Insurance Company v. Hauser, Fla.App. 1973, 281 So.2d 563;
Reversed and remanded, with directions.
. The eases of State Farm Automobile Inurance Company v. Hauser, supra, and White v. Reserve Insurance Company, supra, are in direct conflict as to whether or not equitable distribution is allowable in those cases where the insured has settled his claim with the tortfeasor without filing suit. Both of these cases have been reviewed by the Supreme Court of Florida without resolution of that question, as in each case certiorari was denied without opinion. See: State Farm Automobile Insurance Company v. Hauser, Fla.1974, 293 So.2d 716, case dismissed; State Farm Automobile Insurance Company v. Hauser, Fla.1974, 295 So.2d 301, cer-tiorari denied; Reserve Insurance Company v. White, Fla.1975, 308 So.2d 113, certiorari denied.
. We have exercised our discretion and certified this case to the Supreme Court of Florida, under and as provided for in Article V, Section 3(b)(3) of the Constitution of Florida, as this decision passes upon a question of great public interest.