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DELTA CAS. CO. v. PINNACLE MEDICAL, INC.

Nos. 97-1429, 97-1588 and 97-3093.

721 So.2d 321 (1998)

DELTA CASUALTY COMPANY, Nationwide Mutual Fire Insurance Company, and Bankers Insurance Company, Appellants, v. PINNACLE MEDICAL, INC., etc., and M & M Diagnostics, Inc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 12, 1998.

Attorney(s) appearing for the Case

Clay W. Schacht and Christopher S. Reed of Jack, Wyatt, Tolbert & Thompson, P.A., Maitland, for Appellants Delta Casualty Company and Nationwide Mutual Fire Insurance Company.

Brian D. DeGailler of Litchford & Christopher, Orlando, for Appellant Bankers Insurance Company, etc.

Harley N. Kane of Greenspan & Kane, Boca Raton, for Appellee Pinnacle Medical, Inc., etc.

Mark Tischhauser, Tampa, for Appellee M & M Diagnostics, Inc., et al.

DAUKSCH, Judge.

This is a consolidated appeal. Appellants, insurance companies, timely appeal the county court's orders denying their motions to dismiss and compel arbitration and declaring a portion of section 627.736(5), Florida Statutes (1995) to be unconstitutional as violative of Article I, Section 9 of the Constitution of the State of Florida. In Pinnacle Medical, Inc. v. Delta Casualty Co., the first case before the county court, the court certified...

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