Supreme Court of Florida, 2006

Summit Claims Management, Inc. v. Lawyers Express Trucking, Inc.

Summit Claims Management, Inc. v. Lawyers Express Trucking, Inc.
Supreme Court of Florida · Decided November 22, 2006 · Anstead, Bell, Cantero, Lewis, Pariente, Quince, Wells
944 So. 2d 339; 31 Fla. L. Weekly Supp. 810; 2006 Fla. LEXIS 2772; 2006 WL 3371924 (Southern Reporter, Second Series)

Summit Claims Management, Inc. v. Lawyers Express Trucking, Inc.

Opinion of the Court

PER CURIAM.

We initially accepted for review the decision of the Fourth District Court of Appeal in Summit Claims Management, Inc. v. Lawyers Express Trucking, Inc., 913 So.2d 1182 (Fla. 4th DCA 2005), which certified conflict with C L Trucking v. Corbitt, 546 So.2d 1185 (Fla. 5th DCA 1989), upon the following question of law:

Whether a workers’ compensation insurance carrier that failed to seek its statutory lien until after the tort action concluded, despite having actual knowledge of the proceedings, is entitled to an “equitable lien”?

913 So.2d at 1183. We have jurisdiction.1 However, we decline to exercise our discretion to review this case because, upon further review, we determine that no actual conflict exists between the lower courts’ opinions in regard to the certified question. This review proceeding is dismissed.

It is so ordered.

ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. LEWIS, C.J., and WELLS, J., dissent.

. See art. V, 3(b)(4), Fla. Const.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.