HomeMy WebLinkAbout2803,
,
~ constitutional scrutiny by providing a reasonable alternative
~
{ for the abolition of a commnon law remedy has been so eroded
,
~ by subsequent legislative enactment that it can no longer be
~I
~~ said that partial elimination of the victim's right to recover
i;
;; his basic economic losses, in a few or very limited situations.
~ has been adequately replaced with a reasonable alternative.
;~
;i The legislature has taken away a valuable commnon law right
;F
~ to seek redress for injury without consent and provided
;i
~, nothing in exchange. Consequently, it is my finding that
,~
;; §627.736(1) and §627.737(1) and §627.737(2), Florida Statutes,
are unconstitutional as being violative of Article I, Section
' 21 of the Florida Constitution.
i~
;~ DONE AND ORDERED in Chambers, Fot~t Pier~e, St. Lucie
J ~ i
"! County, Florida, this ~~~ b~~ day of :~"' ~~'~-.t~ ~~ , A. D. ~ 1980 .
Copies Furnished to:
.;
,~
~ Vincent A. Lloyd, Esquire
B. C. Pyle, Esquire
Jim Smith, Attorney General
n -
~ r ~ ~~ ~~
-~ , `~-r~ t~~
C R UI ~UDGE
/
19~1 J~~! -S At'. 9' I7
Fil[: t\C ~r:'Ur~De 3
Sf.lUClf CC'J'~11(.Ft A.
ROGE'R POt?RAS
CL[RK C~i~C~,.' C:~„R
a~~~f;':;^~ ~ ' C ----
51.?2~9
;~
:~
~i
4
~
;
i
~~
ti' fiHCi:~~~
~ _.~ 3 .i:
. . , .;4~.t
~
:~~. _ ~ ~ _
~ ~~~~~ .=
Page Eleven
a~iK 3~~ ~~~+Z~
~~
~
~~~