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KLUGER v. WHITE

No. 42799.

281 So.2d 1 (1973)

Clara H. KLUGER, Appellant, v. Bernadette WHITE and Manchester Insurance and Indemnity Company, Appellees.

Supreme Court of Florida.

July 11, 1973.

Attorney(s) appearing for the Case

Michael E. Cox, Marathon, and Jeffrey M. Fenster, Miami, for appellant.

Richard J. Thornton and John H. Wahl, Jr. of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellee White.

R. Fred Lewis of Kuvin, Klingensmith & Coon, Coconut Grove, for appellee Manchester Ins. and Indem. Co.

Frederick B. Karl of Raymond, Wilson, Karl, Conway & Barr, Daytona Beach, for amicus curiae, American Ins. Assn.

Robert L. Shevin, Atty. Gen., and Barry Scott Richard, Asst. Atty. Gen., for amicus curiae, State of Florida.

ADKINS, Justice.

This is an appeal from an order of dismissal entered for defendants and against plaintiff in this property damage action by the Dade County Circuit Court, specifically passing upon the constitutionality of Fla. Stat. § 627.738, F.S.A. We have jurisdiction pursuant to Fla. Const., art. V, § 3(b)(1), F.S.A.

The cause of action arose from an automobile collision between a car owned by appellant, and driven by her son, and one owned...

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