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DILLON v. CHAPMAN

No. 80-853.

404 So.2d 354 (1981)

Dennis P. DILLON, Jr., a Minor, by and through Dennis P. Dillon and Aurelia M. Dillon, His Parents, Etc., Appellants, v. Frederick W. CHAPMAN and Liberty Mutual Insurance Company, Etc., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 7, 1981.

Motion to Stay Denied August 19, 1981.

Attorney(s) appearing for the Case

Sammy Cacciatore and James A. Sisserson of Nance, Cacciatore & Sisserson, Melbourne, for appellants.

Janet R. DeLaura of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Rockledge, for appellees.

Larry Klein, West Palm Beach, for amicus curiae The Academy of Florida Trial Lawyers.

DAUKSCH, Chief Judge.

This is an appeal from an order which found sections 627.737 et seq., Florida Statutes (1979), (the 1979 no-fault act) to be constitutional, granted defendants' Motion for Judgment on the Pleadings and, in the alternative, granted defendants' Motion to Dismiss with Prejudice. Defendants' motions were granted because plaintiffs' pleadings did not meet the tort threshold required by section 627.737, Florida Statutes (1979), in order to sue for...

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