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CARROLL v. MOXLEY

No. 39246.

241 So.2d 681 (1970)

Leora CARROLL and Martin Carroll, Appellants, v. Virginia E. MOXLEY and Allstate Insurance Company, an Illinois Corporation, Appellees.

Supreme Court of Florida.

As Amended on Denial of Rehearing December 16, 1970.

Attorney(s) appearing for the Case

Alan R. Schwartz, of Horton & Schwartz and Green & Hastings, Miami, for appellants.

David L. Willing, of Dean, Adams, George & Wood, Miami, for appellees.

ADKINS, Justice.

This is an appeal from a summary final judgment entered for Defendants and against Plaintiffs in this personal injury action by the Dade County Circuit Court, specifically passing upon the constitutionality of Fla. Stat. § 767.04, F.S.A. We have jurisdiction, Fla. Const., art. V, § 4(2), F.S.A; F.A.R. 2.1(a) (5), (a), 32 F.S.A.

The challenged statute in this case is part of Title XLIII...

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