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BARRIOS v. DRAPER

No. 82-1123.

423 So.2d 1002 (1982)

Maria BARRIOS, Appellant, v. James DRAPER and Industrial Fire & Casualty Company, Appellees.

District Court of Appeal of Florida, Third District.

December 28, 1982.

Attorney(s) appearing for the Case

Richard B. Burke, Miami, for appellant.

Goodhart & Rosner, and Mauricio J. Ejenbaum, Miami, for appellees.

Before BARKDULL, HENDRY and NESBITT, JJ.

NESBITT, Judge.

This is an appeal from an order granting the defendants' motion for relief from a final judgment. We reverse.

Based upon the fifth district's decision, in Dillon v. Chapman, 404 So.2d 354 (Fla. 5th DCA 1981), holding that the permanent injury requirement of the no fault statute was unconstitutional, the plaintiff recovered a judgment upon a special interrogatory verdict which found no permanent injury...

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