EVANS v. KABBES

No. 81-595.

407 So.2d 260 (1981)

Robert Brent EVANS and Industrial Fire and Casualty Insurance Company, Appellants, v. John KABBES, Appellee.

District Court of Appeal of Florida, Second District.

December 4, 1981.


Attorney(s) appearing for the Case

John W. Campbell of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

Patrick H. Dekle and Hal P. Dekle, Tampa, for appellee.


OTT, Judge.

In this personal injury action the trial court granted appellee's motion in limine and ordered appellant not to present evidence, inquire of any witness or argue to the jury concerning any benefits appellee received from collateral sources as a result of his injuries. The basis of appellee's motion and the court's order was that sections 627.736(3) and 627.7372, Florida Statutes, are unconstitutional.

The Florida Supreme Court has now held those...

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