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DeWALD v. WYNER

No. 94-1712.

674 So.2d 836 (1996)

Laura DeWALD, John Fillyaw, and Richard Domroski, Appellants, v. T.A. WYNER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied July 2, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Arthur C. Wallberg, Assistant Attorney General, Tallahassee, for appellants.

James K. Green of James K. Green, P.A., West Palm Beach, and Michael Masinter, Fort Lauderdale, for appellee.

Rehearing and Rehearing En Banc Denied July 2, 1996.

FARMER, Judge.

The county court for Palm Beach County has determined that section 877.03, Florida Statutes (1993), is unconstitutional in light of Wiegand v. Seaver, 504 F.2d 303 (5th Cir.1974), appeal dismissed, 421 U.S. 924, 95 S.Ct. 1650, 44 L.Ed.2d 83 (1975), and that the Florida Supreme Court's later decision in State v. Dwyer,

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