BARON DE HIRSCH MEYER, MILTON WEISS AND LEO ROSE, JR., AS PARTNERS, D/B/A MEYER, WEISS ROSEN & ROSE, F/U/B/O PACIFIC NATIONAL INSURANCE COMPANY, APPELLANTS,
v.
SAMUEL LEVY AND ADELINE R. LEVY, HIS WIFE, AND BURNETT ROTH, APPELLEES

Fla. 3d DCA | 1964-12-01
No. 64-385
Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.
169 So. 2d 339 Florida District Court of Appeal, Third District (1964) Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants’ complaint, based on a claim of subrogation, was dismissed as to the defendant-appellees Samuel Levy and Adeline R. Levy, his wife, on their motion. Plaintiffs appealed. We agree with the trial judge that the facts alleged do not show plaintiffs to be entitled to subrogation. The obligation discharged by the appellants was theirs alone, and subrogation is not available to one who simply pays his own debt. Pathe Exchange v. Bray Pictures Corporation, 231 App.Div. 465, 247 N. Y.S. 476. See Barber Asphalt Paving Co. v. Northern Ohio Traction and Light Co., 6 Cir. 1913, 202 F. 817. Moreover, the entire debt was not paid. See Whyel v. Smith, 101 Fla. 971, 134 So. 552; Fowler v. Lee, 106 Fla. 712, 143 So. 613. There was no unjust enrichment of the defendants.

Affirmed.

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