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485 So. 2d 903

485 So.2d 903

11 Fla.L.Weekly 796

Spence v. Hughes

District Court of Appeal of Florida · decided 1986-04-03

Cited by 2 later decisions — most recently December 2003

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1986-04-03

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DAUKSCH, Judge,

¶1dissenting:

¶2I respectfully dissent.

¶3I favor a strict construction of the no-fault statute, which statute limits injured persons’ rights to recover from tortfeasors. The statute does not provide the exemption now afforded by the majority opinion and I think it is up to the legislature, not this court, to do so if it deems it proper and fair. A great amount of thought and extensive legislative hearings occurred before the Florida Motor Vehicle No-Fault Law was first passed. It has been amended *906often by the legislature and no exemption has been provided for foreign residents like appellees. The majority opinion does not interpret the statute, it changes it. That is not a judicial function.

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