The court reversed the imposition of the temporary injunction of the new PIP statutes.

October 24, 2013

Yesterday Florida's First District Court of Appeal released its opinion in McCarty v. Myers, No. 1D13-1355 (Fla. 1st DCA Oct. 23, 2013) (constitutional challenge of the new PIP statutes brought by health care providers) and held that the plaintiffs did not have proper standing to proceed.  The court reversed the imposition of the temporary injunction of the new PIP statutes and, by separate order, reinstated the automatic stay of the injunction.  See the opinion at the link below:

McCarty v. Myers
 
The court – in dicta – implied that an injured person with a liability claim and a nonpermanent injury could bring a constitutional challenge based on a violation of the constitutional right of access to the courts.  See the slip opinion at pages 8 and 9, and also footnote 4.
 
"The real parties in interest—injured motorists whose ability to sue tortfeasors has been impermissibly limited—are absent from this case."
 
"4 The instant case does not invoke the limited exception to the general rule that “a
litigant must assert his or her own legal rights and interests, and cannot rest a claim
for relief on the legal rights and interests of third parties.” Alterra Healthcare
Corp. v. Estate of Shelley, 827 So. 2d 936, 941 (Fla. 2002) (quoting Powers v. Ohio, 499 U.S. 400, 410 (1991)). The Provider Plaintiffs did not advance a third-party standing argument below, and there is no apparent reason why Floridians whose access-to-courts rights are infringed by the 2012 PIP Act cannot bring their own constitutional challenge. See Sancho, 830 So. 2d at 864."
 
If you are handling a case or cases under the new PIP law and have filed (or are thinking of filing) a challenge to the constitutionality of any part of that new law, the FJA wants to know.  We are particularly interested in cases where you may be seeking noneconomic damages from a tortfeasor for nonpermanent injuries on behalf of your client.
 
If you have a current or potential constitutional challenge regarding the new PIP law, please email Ami Wheeler with the below information:
 
Your name
Your contact information
Case name
Brief statement of facts
Brief statement of the nature of the constitutional challenge
Current procedural posture of case