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GARCIA v. STATE FARM MUT. AUTO. INS. CO.

No. 5D00-204.

766 So.2d 430 (2000)

Lourdes GARCIA, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fifth District.

August 25, 2000.

Attorney(s) appearing for the Case

Michael B. Brehne of The Nation Law Firm, Longwood, for Appellant.

Patrick C. Howell of Drage, DeBeaubien, Knight, Simmons, Mantzaris & Neal, P.A., Orlando, for Appellee.

SAWAYA, J.

Lourdes Garcia appeals the order compelling arbitration of her personal injury protection claim against her insurer, State Farm Mutual Automobile Insurance Company (State Farm).1 We reverse because the statute upon which the order was based has been held unconstitutional. We find that even if the statute were valid, reversal is warranted because it is inapplicable by its own terms.

Garcia was injured in a 1996 automobile...

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