Achord v. Osceola Farms Co.

I agree with Judge Cox’s well-reasoned dissent below that section 57.011, Florida Statutes (2009) is unconstitutional. An unconstitutional statute that barricades the courthouse to a group of indigent defendants is a violation of a “clearly established law” that results in a miscarriage of justice under Allstate Insurance Co. v. Kaklamanos, 843 So.2d 885, 890 (Fla.2003). The majority too narrowly interprets the meaning of “clearly established law” for the purpose of certiorari review; the majority *706makes much of the fact that the statute has not been challenged as unconstitutional in “170…