Angelfish Swim School v. Roberts

Angelfish Swim School v. Roberts


In a case challenging fees imposed by Florida’s Secretary of State, the Secretary argued on appeal that class representatives have to be able to fund the entire cost of class litigation themselves, which would mean that only the wealthy can be class plaintiffs.

Because this argument contradicts the entire purpose of class actions—that people have a remedy when the amount in controversy is too small to merit bringing an individual case—Public Justice, as part of its Class Action Preservation Project, filed an amici curiae brief explaining that the adoption of a financial resources test would effectively bar low income people from being able to vindicate their legal rights.

The brief was authored by Brian W. Warwick and Janet R. Varnell of Varnell & Warwick, P.A., in The Villages, FL, with assistance from Brayton-Thornton Attorney Melanie Hirsch. Public Justice was joined by the National Association of Consumer Advocates, the Public Interest Law Section of The Florida Bar, Jacksonville Area Legal Aid, Inc., and Florida’s Children First, Inc.

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