Ludlow v. Brinker

I respectfully dissent. The Third District’s decision and our affirmance today may line up nicely with the general trend of Florida case law, but the result of that alignment flies squarely in the face of our responsibility “to promote the full availability of legal services to the poor.” The Florida Bar v. Furman, 376 So.2d 378, 382 (Fla.1979), appeal dismissed, 444 U.S. 1061, 100 S.Ct. 1001, 62 L.Ed.2d 744 (1980). The fact that Florida’s district courts have over the years consistently parsed the legislature’s grant of free access to the civil justice system is no reason to continue that…