Opinion
Nos. 85-941, 85-947.
March 11, 1986.
Appeal from the Circuit Court for Dade County, Joseph P. Farina, J.
Ronald G. Neiwirth, for appellants/cross-appellees.
Stephen H. Butter, in pro. per.
Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.
We agree with the first and second districts that Florida's so-called "civil death" statute, section 944.292, Florida Statutes (1985), to the extent that it deprives a person convicted of a crime of bringing or defending a civil action in the courts of this state until his civil rights are restored, is unconstitutional.
McCuiston v. Wanicka, 483 So.2d 489 (Fla. 2d DCA 1986); Lloyd v. Farkash, 476 So.2d 305 (Fla. 1st DCA 1985).
The motion to dismiss the appeal of appellant Robert Sabin is denied.