Opinion
No. 70-992.
May 18, 1971.
Appeal from the Circuit Court for Dade County, Harvie S. DuVal, J.
Wicker, Smith, Pyszka, Blomqvist Davant, and John McMath, Miami, for appellant.
Weiner Rubin, Miami, for appellee.
Before PEARSON, C.J., CHARLES CARROLL, J., and ADAMS, ALTO, Associate Judge.
Appellant is a workman's compensation self-insurer; as such it occupies the position of insurance carrier in this litigation. This appeal is from an order denying equitable subrogation pursuant to F.S. § 440.39, F.S.A.
The trial judge assigned an incorrect ground for his decision. We find, however, that the order appealed should be affirmed upon a different ground. cf. Berkman v. Miami National Bank, Fla.App. 1962, 143 So.2d 535. Under authority of United States Fidelity Guaranty Company v. Harb, Fla.App. 1964, 170 So.2d 54, the trial court correctly denied equitable subrogation in this case.
Affirmed.