NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant,
v.
PINNACLE MEDICAL, INC., etc., and M & M Diagnostics, Inc., Appellees.
Delta Casualty Company and Bankers Insurance Company, Appellants,
v.
Pinnacle Medical, Inc., etc., and M & M Diagnostics, Inc., Appellees.
Supreme Court of Florida.https://leagle.com/images/logo.png
February 3, 2000.
February 3, 2000.
Attorney(s) appearing for the Case
Clay W. Schacht and Christopher S. Reed of Jack, Wyatt, Tolbert & Turner, P.A., Maitland, Florida; Brian D. DeGailler of Litchford & Christopher, Orlando, Florida; and Tracy Raffles Gunn of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, Florida, for Appellants.
Charles J. Kane and Harley N. Kane of Greenspan & Kane, Boca Raton, Florida; and Mark Tischhauser and Wendy Coxhead, Tampa, Florida, for Appellees.
Thomas J. Maida and Austin B. Neal of Foley & Lardner, Tallahassee, Florida; and Perry Ian Cone, Chair, Auto Committee, Florida Insurance Council, Tallahassee, Florida, for the Florida Insurance Council and the National Association of Independent Insurers, Amici Curiae.
Dock A. Blanchard, Ocala, Florida, for the Academy of Florida Trial Lawyers, Amicus Curiae.
James K. Clark, Miami, Florida, for State Farm Mutual Insurance Company, Amicus Curiae.
Russel M. Lazega and Daniel T. Chang of The Law Office of Russel Lazega, North Miami, Florida, for Broward Chiropractic Associates, Town & Country Neurological Consultants, Kern Chiropractic Wellness Center, and MedScan Open-MRI, Amici Curiae.
Supreme Court of Florida.
WELLS, J.
We have on appeal Delta Casualty Co. v. Pinnacle Medical, Inc.,721 So.2d 321 (Fla. 5th DCA 1998), a decision in which the Fifth District Court of Appeal declared a portion of section 627.736(5), Florida Statutes (1995), unconstitutional. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.
FACTS AND PROCEDURAL HISTORY
The case below was a consolidated appeal. The facts in the first case heard...
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