Searcy, Denney, Scarola, Barnhart & Shipley v. State of Florida, Resp — Polston, J…

Summary

Justice Polston, dissenting, argues that the Florida statutory limit on attorneys' fees does not unconstitutionally impair the contingent fee agreement because the contract expressly anticipates such limits, and that the majority erred in severing the fee award. Justice Canady, also dissenting, concurs on the certified question but disagrees with the majority’s severability analysis, maintaining that the legislative scheme should not be broken apart.