District Court of Appeal of Florida September 1, 2010, 4D09-1906 (Achord v. Osceola Farms Co.)

GROSS, C.J.,

dissenting.

I agree with Judge Cox’s well-reasoned dissent below that section 57.011, Florida Statutes (2009) is unconstitutional. An unconstitutional statute that barricades the courthouse to a group of indigent defendants is a violation of a “clearly established law” that results in a miscarriage of justice under Allstate Insurance Co. v. Kaklamanos, 843 So.2d 885, 890 (Fla.2003).