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WILLIAMS v. AMERICAN OPTICAL CORP.

Nos. 4D07-143 to 4D07-151, 4D07-153, 4D07-154, 4D07-405, 4D07-407.

985 So.2d 23 (2008)

Daniel N. WILLIAMS and Anita Williams; Robert Plummer, as Personal Representative for Wayne Smith; Edward Nixon and Georgia M. Nixon; Peter Ruben Britt and Gloria Britt; Bill R. Martinez; Earl J. Mixon; Charlie M. Pittman and Teola Pittman; Merrell A. Ponder Jr. and Kay Ponder; Floyd H. Perry; Russel Thomas Fink; Lewis Martin; Walter R. Spiewak and Betty J. Spiewak, Appellants, v. AMERICAN OPTICAL CORPORATION; Acands, Inc.; AC & S, Inc.; Eastern Refractories, Bird, Inc.; Certain Teed Corporation; Cleaver Brooks; Crane Co.; John Crane, Inc.; Weil-McClain Company; Flowserve Corporation; General Electric Company; Goulds Pumps, Inc.; Hobart Brothers Company; Kelly-Moore Paint Company, Inc.; Lincoln Electric Company; TH Agriculture & Nutrition, LLC.; The Goodyear Tire & Rubber Co.; and Bondex International, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 25, 2008.

Attorney(s) appearing for the Case

David A. Jagolinzer, James L. Ferraro, and Case A. Dam of The Ferraro Law Firm, Miami, and Joel S. Perwin, P.A., Miami, for appellants.

John H. Pelzer and Robin F. Hazel of Ruden McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, and Michael R. Holt of Rumberger, Kirk & Caldwell, P.A., Miami, for appellees.

Frank Cruz-Alvarez of Shook, Hardy & Bacon, L.L.P., Miami, for Amicus Curiae of the Associated Industries of Florida, American Insurance Association, National Federation of Independent Business Legal Foundation, Chamber of Commerce of the United States of America, American Chemistry Council, and National Association of Manufacturers.

Daniel P. Mitchell of Barr Murman & Tonelli, Tampa, for Amicus Curiae Florida Defense Lawyers Association.

FARMER, J.

We have cobbled these cases together for decision because all present the same dispositive issue, which we state thus:

Can the Florida Asbestos and Silica Compensation Fairness Act be retroactively applied to prejudice or defeat causes of action already accrued and in litigation?

We hold that the Act cannot constitutionally be so applied and return the cases to the trial court for consistent proceedings.

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