Yasir v. Singletary

SHARP, W., J.,

dissenting.

I disagree the trial court lacked jurisdiction to “reopen” Yasir’s lawsuit to consider refunding the fees he spent to comply with the unconstitutional copy requirements of section 57.085(7). Yasir is unskilled in the law and so not unreasonably moved for a refund of fees in the case in which he incurred those fees. Had Yasir instead filed a declaratory judgment action seeking a determination he is entitled to the refund, the courts would have to address the issue on its merits.

Admittedly Mitchell v. Moore, 786 So.2d 521 (Fla.2001) did not address the issue of…