Searcy, Denney, Scarola, Barnhart & Shipley v. State of Florida, Respondent

Summary

The Court held that a claims-bill provision limiting attorneys’ fees and costs to $100,000 unconstitutionally impaired the law firm’s preexisting contingency-fee contract with the injured child’s family. Because the governing sovereign-immunity statute anticipated recovery of up to 25 percent of a judgment obtained through the claims-bill process, the limitation substantially impaired reasonable contractual expectations without serving an important public purpose. The Court severed the invalid limitation and quashed the district court’s decision, remanding for further proceedings. Justice Canady and Justice Polston, joined by Chief Justice Labarga, dissented and would have upheld the limitation and rejected severance.