ROBERTS, Justice.
We have before us on direct appeal a final judgment of the Circuit Court in and for Escambia County expressly holding Section 877.04, Florida Statutes, as amended by Chapter 69-118, Laws of Florida, to be unconstitutional as it applies to appellee, Doris J. McCarty. We have jurisdiction pursuant to Article V, Section 3(b)(1), Constitution of Florida.
Appellee, as substitute plaintiff for her husband, J.W. McCarty, now deceased,
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