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HENDERSON v. CROSBY

No. 1D03-2367.

883 So.2d 847 (2004)

Gregory HENDERSON, et al., Appellants, v. James V. CROSBY, etc., et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 30, 2004.

Attorney(s) appearing for the Case

Susan L. Kelsey, Holland & Knight LLP, Tallahassee; Stephen F. Hanlon and Robin L. Rosenberg, Holland & Knight LLP, St. Petersburg, for Appellants.

Charlie Crist, Attorney General; Joe Belitzky, Senior Assistant Attorney General, Sean F. Callaghan, Assistant Attorney General, Tallahassee, for Appellees.

Mary M. Gundrum and Rebecca Sharpless, Florida Immigrant Advocacy Center, Miami, for Amicus Curiae Florida Immigrant Advocacy Center; James T. Miller, Chair, Amicus Curiae Committee, Jacksonville, for Amicus Curiae Florida Association of Criminal Defense Lawyers; Hubert A. Grissom, General Counsel, Advocacy Center for Persons with Disabilities, Inc., Tampa, and Isaias Ortiz, Advocacy Center for Persons with Disabilities, Inc., Ft. Lauderdale, for Amicus Curiae The Advocacy Center for Persons with Disabilities, Inc.; Peter M. Siegel and Randall C. Berg, Jr., Florida Justice Institute, Inc., Miami, for Amici Curiae, The Volunteer Lawyers' Project for the Southern District of Florida and The Florida Justice Institute, Inc., in support of Appellants.

WEBSTER, J.

In this case of first impression, we are called upon to determine to what extent article I, section 21, of the Florida Constitution (the "access-to-courts" provision) requires the Florida Department of Corrections to provide more affirmative assistance to inmates in the preparation and filing of litigation papers than does the federal constitution. We conclude that the trial court applied the wrong test to determine that appellants were not entitled to...

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