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Searcy Denney Scarola Barnhart & Shipley, P.A., et al. v. State of Florida, Case No. 4D13-3497 (4th DCA)

Earlier this year, the Fourth District upheld the Legislature’s decision to limit the amount of attorneys’ fees awardable to the plaintiffs’ counsel in an excess claims bill. In that proceeding, the Fourth District has now certified the following question to the Florida Supreme Court as one of great public importance:

After the enactment of Section 768.28, Florida Statutes, and the adoption of Florida Senate Rule 4.81(6), is it constitutionally permissible for the Florida Legislature to limit the amount of attorneys’ fees paid from a guardianship trust established by a legislative claims bill?

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