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STATE FARM MUT. AUTO. INS. v. WARREN

No. 5D00-3064.

805 So.2d 1074 (2002)

STATE FARM MUTUAL AUTOMOBILE INSURANCE, Appellant, v. Dan Ray WARREN, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

February 1, 2002.

Attorney(s) appearing for the Case

Karen A. Barnett, Deborah L. Appel of Barnett & Associates, P.A., Tampa, for Appellant.

Larry Mark Polsky, Daytona Beach, for Appellees.

PETERSON, J.

State Farm Mutual Automobile Insurance Co. (State Farm), appeals a final judgment awarded to Dan Ray Warren, State Farm's insured, and Dr. Jack Rotstein, M.D., Warren's physician. The county court entered the judgment after holding section 627.736(5)(b), Florida Statutes (1999), unconstitutional as violative of Dr. Rotstein's rights to equal protection, due process and access to the courts.1

Section 627.736(5)(b)

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