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IN CIRCUIT COURT~ NINETEENTH
JUDICIAL CIRCUIT, IN AND FOR
ST. LUCIE COUNTY~ FLORIDA.
CASE N0: 80-351 CA
SUSAN RIFKIN,
Plaintiff~
-vs-
COMMERCIAL UNION INSURANCE
COMPANY, a foreign corporation.
Boston, Massachusetts,
Defendant.
ORDER
After due notice by or to all parties affected, on
December 8, 1980, a hearing was held before this Court with
respect to the motion of COMMERCIAL UNION INSURANCE COMPANY
to dismiss Count II of the Plaintiff's Amended Complaint.
Count II of the Plaintiff's Amended Complaint seeks declaratory
relief and a determination that certain provisions of
.§627.736 and §627.737, Florida Statutes, coumnonly referred
to as the "No-Fault Act" are unconstitutional. Having
reviewed the Amended Complaint, the Motion to Dismiss, the
Memoranda submitted by the parties, and the argument of
counsel, it is,
ORDERED AND ADJUDGED that §627.736(1) and §627.737(1)
and §627.737(2), Florida Statutes, are unconstitutional in that
they violate the "right to redress" clause of Article I,
Section 21 of the Declaration of Rights of the Florida
Constitution which provides that,
"The Courts shall be open to every person
for redress of any in,jur~, and justice shall
be administered without sale, denial or
delay." (Emphasis supplied)
In arriving at this determination, I have observed
that legislative amendments to the original No-Fault Statute
have totally eroded the statutory benefits which have previously
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