2 Fla. L. Weekly Supp. 65b

Insurance — Subrogation — In order to obtain subrogation judgment for deductible, subrogee must demonstrate that deductible payment was actually made

RONALD WISE, Appellant, v. STATE FARM INSURANCE COMPANY and S.F. ROU, Appellees. 5th Judicial Circuit in and for Marion County. Case No. 93-1740-CA. County Case No. 91-3008-SP. November 29, 1993. Appeal from the County Court for Marion County. The Honorable Hale R. Stancil. Jerri A. Blair, Tavares, for Appellant. James G. Gagnon, Silver Springs, for Appellees.

OPINION

(SWIGERT, W.) The lower court’s final judgment is reversed. Appellees must demonstrate that the deductible payment was actually paid in order to obtain a subrogation judgment which includes that amount. A subrogee is entitled to indemnity only to the extent of money actually paid by him to discharge the obligation. Therefore, this cause is reversed and remanded for proceedings in conformity with this opinion. (SINGELTARY, R. and TOMBRINK, R., concur.)

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