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OLIVE v. MAAS

No. 1D04-3436.

911 So.2d 837 (2005)

Mark Evan OLIVE, Appellant, v. Roger R. MAAS, in his official capacity as Executive Director of the Commission on Capital Cases; and Tom Gallagher, in his official capacity as Chief Financial Officer of the State of Florida, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 27, 2005.

Attorney(s) appearing for the Case

Susan L. Kelsey, of Holland & Knight LLP, Tallahassee; and Stephen F. Hanlon and Cecily E. Baskir, of Holland & Knight LLP, Washington, DC, for appellant.

Michael Pearce Dodson, General Counsel, Office of Legislative Services, The Florida Legislature, Tallahassee, for appellee Maas.

Richard T. Donelan, Jr., Department of Financial Services, Division of Legal Services, Tallahassee, for appellee Gallagher.

WOLF, J.

Mark Olive appeals from a final order dismissing with prejudice his three count amended complaint seeking a declaration that the statute governing the statewide registry of private attorneys available for court appointment to represent death row inmates in postconviction proceedings (Registry Act) is unconstitutional. We reverse and remand to the trial court for further proceedings.

The trial court essentially gave three reasons for dismissing Olive...

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