THOMPSON, Judge.
On this appeal from an Order denying a Motion to Quash Juror Subpoena, the appellant contends that a portion of § 40.013(4), Fla. Stat. (1979), violates the Equal Protection Clause of the Fourteenth Amendment. We agree and hold that a portion of this statute in unconstitutional.
The appellant is a 29 year old widower and the father of a 3 year old boy. The appellant does not work, but he attends school and spends 21 hours a week away...
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