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CRIST v. ERVIN

Nos. SC10-1317, SC10-1319.

56 So.3d 745 (2010)

Charlie CRIST, et al., Appellants, v. Robert M. ERVIN, et al., Appellees. Alex Sink, Chief Financial Officer, etc., Appellant, v. Robert M. ERVIN, et al., Appellees.

Supreme Court of Florida.

As Revised on Rehearing and/or Clarification January 20, 2011.

Rehearing Denied March 4, 2011.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General, Scott D. Makar , Solicitor General, Courtney Brewer , Deputy Solicitor General, Jon A. Glogau , Chief, Complex Litigation, Tallahassee, FL; Richard T. Donelan, Jr. , Chief Counsel, and Kate M. Pingolt , Florida Department of Financial Services, Tallahassee, FL, for Appellants.

Sidney L. Matthew of Sidney L. Matthew, P.A., Tallahassee, FL, and Davisson F. Dunlap, Jr. of Dunlap and Shipman, Tallahassee, FL, for Appellees.

Kimberly A. Ashby of Akerman Senterfitt, Orlando, FL, and Clifford C. Higby of Bryant and Higby, Panama City, FL, on behalf of the Trial Lawyers Section of The Florida Bar; and C. Howard Hunter and Landis V. Curry of Hill Ward Henderson, P.A., Tampa, FL, on behalf of the Florida Chapter of the American Board of Trial Advocates, as Amici Curiae.

POLSTON, J.

Appellants (collectively referred to as the State) argue that the trial court erred by ruling that statutes directing portions of civil filing fees to the general revenue fund are unconstitutional.1 We agree and reverse the trial court as explained below.

I. BACKGROUND

On June 3, 2010, the trial court granted summary judgment and declared unconstitutional sections of the Florida Statutes that direct portions...

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