The 3d has had an unlucky string recently when it comes to certified conflicts with other districts, and today brings us yet another reversal in a situation where the 3d ruled in a manner eliminating the vested rights of victims exposed to asbestos.
Today the Florida Supreme Court sided with the 4th DCA in an action arising from the retroactive application of the Asbestos and Silica Compensation Fairness Act:
Based on the foregoing, we affirm the holding of the Fourth District in Williams v. American Optical Corp., 985 So. 2d 23 (Fla. 4th DCA 2008), that retroactive application of the Act to the Appellees, and other claimants who had accrued causes of action for asbestos-related disease pending on the effective date of the Act, is impermissible because it violates the due process clause of the Florida Constitution. We disapprove the decision of the Third District in DaimlerChrysler Corporation v. Hurst, 949 So. 2d 279 (Fla. 3d DCA 2007), to the extent it is inconsistent with this opinion.Hey, if the Marlins can turn it around so can the bunker!