McCarty v. Myers

This is an appeal from a non-final order temporarily enjoining Appellant, Kevin M. McCarty, in his official capacity as Commissioner of the Florida Office of Insurance Regulation (“OIR”), from enforcing certain portions of Chapter 2012-197, Laws of Florida (the “2012 PIP Act”), which the trial court determined are inconsistent with the constitutional right of access to courts. Art. I, § 21, Fla. Const. Concluding that Appellees lack standing to bring this “access-to-courts” challenge, we reverse the order on appeal.

I. Procedural History

Appellees, who were the plaintiffs below, include Robin…