Classification |
Original Proceedings - Writ - Mandamus
|
Court |
Supreme Court of Florida
|
Parties
Name |
Charles K. Stroh
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Grossman Roth, P.A.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Joseph Dolliver
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Roald Garcia
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
John W. Klockow
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Deanna Garcia
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Beth Garcia
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Nancy Dolliver
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Toby Bogorff
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Neal A. Roth, Rober C. Gilbert, Bruce S. Rogow
|
|
Name |
Robert Gilbert, P.A.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
GROSSMAN ROTH YAFFA COHEN, P.A.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Timothy Donald Farley
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Lois A. Stroh
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Lytal, Reiter, Smith, Ivey & Fronrath, L.L.P.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Robert Bogorff
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Rick Scott
|
Role |
Respondent
|
Status |
Active
|
Representations |
John P. Heekin, Hon. Meredith L. Sasso, Peter L. Penrod, Daniel E. Nordby
|
|
Name |
Kenneth J. Detzner
|
Role |
Respondent
|
Status |
Active
|
Representations |
DAVID ANDREW FUGETT, W. Jordan Jones
|
|
Name |
HON. JEFFREY H. ATWATER
|
Role |
Respondent
|
Status |
Active
|
Representations |
Chasity Hope O'Steen, Janine B. Myrick, PAUL C. STADLER, JR.
|
|
Docket Entries
Docket Date |
2017-08-04
|
Type |
Miscellaneous Document
|
Subtype |
Publish Full
|
Description |
PUBLISH FULL
|
View |
View File
|
|
Docket Date |
2017-07-13
|
Type |
Disposition
|
Subtype |
Dism without Prejudice
|
Description |
DISP-DISM WITHOUT PREJUDICE ~ FSC-OPINION: The judgments are final, but the Lee County and Broward County classes are currently in their respective circuit courts seeking writs of mandamus to compel payment or, in the alternative, declarations that sections 11.066(3) and (4), Florida Statutes (2016), are unconstitutional as applied. Section 11.066(3) requires "an appropriation made by law" for compelling payment of judgments against the State or its agencies, while section 11.066(4) provides that the lack of an "appropriation made by law to pay the judgment" is a defense to a writ of mandamus. Because the Governor's constitutional line-item veto authority at issue in this case is a part of the process that results in "an appropriation made by law," we hereby dismiss this petition without prejudice to seek redress in the pending circuit court actions. See Abdool v. Bondi, 141 So. 3d 529, 537 (Fla. 2014) ("Ordinarily, the constitutionality of a legislative act should be challenged by filing an action for declaratory judgment in circuit court."). The Petitioners do not provide any support for an immediate need for this Court to resolve the issue. Nothing about the start of the new fiscal year prevents the respective circuit courts from issuing the relief requested, if those courts determine that relief is commanded by the facts and law.
|
View |
View File
|
|
Docket Date |
2017-06-30
|
Type |
Notice
|
Subtype |
Filing
|
Description |
NOTICE-FILING
|
On Behalf Of |
Toby Bogorff
|
View |
View File
|
|
Docket Date |
2017-06-27
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
REPLY TO RESPONSE
|
On Behalf Of |
Toby Bogorff
|
View |
View File
|
|
Docket Date |
2017-06-26
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE
|
On Behalf Of |
Rick Scott
|
View |
View File
|
|
Docket Date |
2017-06-21
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2017-06-21
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2017-06-21
|
Type |
Order
|
Subtype |
Response/Reply Requested
|
Description |
ORDER-RESPONSE/REPLY REQUESTED ~ Petitioners have filed a petition for a writ of mandamus. Respondents are hereby ordered to file a response to the above-referenced petition on or before Monday, June 26, 2017, at Noon. The petitioners may file a reply on or before Tuesday, June 27, 2017, at Noon.
|
|
Docket Date |
2017-06-20
|
Type |
Petition
|
Subtype |
Petition Filed
|
Description |
PETITION-MANDAMUS
|
On Behalf Of |
Toby Bogorff
|
View |
View File
|
|
Docket Date |
2017-06-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|