| Classification |
Discretionary Review - Notice to Invoke - Class of Constitutional Officer
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
37 2012 CA 000412
Circuit Court for the Second Judicial Circuit, Leon County
1D12-5280
Circuit Court for the Second Judicial Circuit, Leon County
37 2012 CA 000490
|
Parties
| Name |
BRENDA ANN HOLT
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LEAGUE OF WOMEN VOTERS OF FLORIDA, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
ADAM SCHACHTER, David B. King, MARC ERIK ELIAS, Frederick S. Wermuth, Thomas A. Zehnder, Mr. Gerald Edward Greenberg, John M. Devaney, Mr. Talbot "Sandy" D'Alemberte
|
|
| Name |
ROBERT ALLEN SCHAEFFER
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JOHN OLMSTEAD
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ROLAND SANCHEZ-MEDINA, JR.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE FLORIDA SENATE
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
George T. Levesque, Raoul G. Cantero, Jesse L. Green, JASON NELSON ZAKIA
|
|
| Name |
HON. DON GAETZ
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jesse L. Green, Raoul G. Cantero, JASON NELSON ZAKIA
|
|
| Name |
HON. WILL WEATHERFORD
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Daniel E. Nordby, MIGUEL A. DE GRANDY
|
|
| Name |
FLORIDA HOUSE OF REPRESENTATIV
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Daniel E. Nordby, MIGUEL A. DE GRANDY, CHARLES TALLEY WELLS, Andy Bardos, George N. Meros Jr., Jason Lawrence Unger
|
|
| Name |
HON. KEN PRUITT
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. Daniel Jay Gerber
|
|
| Name |
JAMES HAROLD THOMPSON, PLLC
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. Daniel Jay Gerber
|
|
| Name |
JOHN M. MCKAY, INC.
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
Mr. Daniel Jay Gerber
|
|
| Name |
HON. BOB INZER, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Jon S. Wheeler
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-12-23
|
| Type |
Record
|
| Subtype |
Record/Transcript Returned
|
| Description |
RECORD/TRANSCRIPT RETURNED ~ CONTAINS 1 VOLUME RECORD & 1 VOLUME APPENDIX
|
|
| Docket Date |
2013-12-23
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE ~ CC:COUNSEL
|
|
| Docket Date |
2013-06-14
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ DATED 07/11/2013, RE: TRANSMITTAL OF FILING FEE
|
| On Behalf Of |
League of Women Voters of Florida
|
|
| Docket Date |
2013-06-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO PETITIONERS' MOTION FOR EXPEDITED REVIEW
|
| On Behalf Of |
THE FLORIDA SENATE
|
| View |
View File
|
|
| Docket Date |
2013-06-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ ACKNOWLEDGMENT OF NEW CASE & ORDERS DATED 06/04/2013 & ORDER DATED 06/05/2013 (UNABLE TO DETERMINE WHO THE RETURN MAIL IS FOR BECAUSE IT WAS RETURNED IN U.S. POSTAL SERVICE ENVELOPE & NO FSC ENVELOPE ENCLOSED) ***PLACED WITH FILE***
|
|
| Docket Date |
2013-12-13
|
| Type |
Disposition
|
| Subtype |
Quashed & Remanded
|
| Description |
DISP-QUASHED & REMANDED ~ Based on the foregoing, we conclude that Florida law should recognize a legislative privilege, but that this privilege is not absolute in this case, where the violations alleged are of an explicit state constitutional provision prohibiting partisan political gerrymandering and improper discriminatory intent in redistricting. We further conclude that the circuit court determined the proper balance of interests by protecting the thoughts or impressions of individual legislators and legislative staff members at this stage of the litigation, but recognizing the compelling, competing interest in ensuring that the Legislature complies with the constitutional mandate regarding redistricting by permitting discovery of all other information and communications pertaining to the constitutional validity of the challenged apportionment plan. Accordingly, we quash the First District's decision under review, approve the circuit court's order, and remand for further proceedings in accordance with this opinion. It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2013-09-16
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2013-09-10
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
MAIL RETURNED ~ J. Gerald Hebert (ORDERS DATED 08/13/2013) ***RETURN TO SENDER; INSUFFICIENT ADDRESS---NO FORWARDING ADDRESS/PLACED IN RETENTION FILES
|
|
| Docket Date |
2013-08-13
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Ken Pruitt, John Harold Thompson, and John M. McKay is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae was filed with this Court on August 12, 2013.
|
| View |
View File
|
|
| Docket Date |
2013-08-12
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
HON. KEN PRUITT
|
| View |
View File
|
|
| Docket Date |
2013-08-12
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FORMER LEGISLATIVE PRESIDING OFFICERS
|
| On Behalf Of |
HON. KEN PRUITT
|
| View |
View File
|
|
| Docket Date |
2013-08-08
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ CONSISTS OF 1 VOLUME CC PAPERS, 1 VOLUME RECORD, & 1 VOLUME APPENDIX
|
| On Behalf Of |
Jon S. Wheeler
|
|
| Docket Date |
2013-08-01
|
| Type |
Notice
|
| Subtype |
Adoption
|
| Description |
NOTICE-ADOPTION ~ OF LEGISLATIVE PARTIES' ANSWER BRIEF
|
| View |
View File
|
|
| Docket Date |
2013-08-01
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS ~ LEGISLATIVE PARTIES' ANSWER BRIEF
|
| On Behalf Of |
THE FLORIDA SENATE
|
| View |
View File
|
|
| Docket Date |
2013-07-26
|
| Type |
Motion
|
| Subtype |
Request-Judicial Notice
|
| Description |
REQUEST-JUDICIAL NOTICE ~ FILED AS "MOTION TO TAKE JUDICIAL NOTICE OF COURT ORDERS"
|
| On Behalf Of |
HON. DON GAETZ
|
| View |
View File
|
|
| Docket Date |
2013-07-26
|
| Type |
Brief
|
| Subtype |
Appendix (Supplemental)
|
| Description |
APPENDIX-SUPPLEMENTAL ~ TO "MOTION TO TAKE JUDICIAL NOTICE OF COURT ORDERS"
|
| On Behalf Of |
THE FLORIDA SENATE
|
| View |
View File
|
|
| Docket Date |
2013-07-25
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Mark Herron, on behalf of Mark Erik Elias, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), was received by this Court on June 18, 2013.
|
|
| Docket Date |
2013-07-17
|
| Type |
Brief
|
| Subtype |
Appendix-Merit
|
| Description |
APPENDIX-MERIT BRIEF
|
| On Behalf Of |
League of Women Voters of Florida
|
| View |
View File
|
|
| Docket Date |
2013-07-02
|
| Type |
Order
|
| Subtype |
OA & Brief Sched/Juris Accepted
|
| Description |
ORDER-OA&BRIEF SCHED/JURIS ACCEPTED ~ The Court accepts jurisdiction, hereby consolidates the above cases, and will hear oral argument at 9:00 a.m., Monday, September 16, 2013.A maximum of twenty minutes to the side as consolidated is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.The petitioners' motion for expedited review is hereby granted. Petitioners' brief on the merits shall be filed on or before 3:00 p.m. July 17, 2013; respondents' brief on the merits shall be filed on or before 3:00 p.m. August 1, 2013; and petitioners' reply brief on the merits shall be filed on or before 3:00 p.m. August 12, 2013. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED.The Clerk of the First District Court of Appeal shall file the record which shall be properly indexed and paginated on or before August 1, 2013. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the First District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record.
|
|
| Docket Date |
2013-06-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE ~ OF NO POSITION ON JURISDICTION
|
| View |
View File
|
|
| Docket Date |
2013-06-21
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
THE FLORIDA SENATE
|
| View |
View File
|
|
| Docket Date |
2013-06-17
|
| Type |
Order
|
| Subtype |
Expedite
|
| Description |
ORDER-EXPEDITE GR ~ We have consolidated the Motions for Expedited Review filed in the two above-referenced cases. Both motions seek an identical order from this Court expediting briefing and argument in these matters.We grant the Petitioners' Motion for Expedited Review only with respect to an expedited jurisdictional briefing schedule. Accordingly, we direct that Respondents' answer brief on jurisdiction shall be served on or before Friday, June 21, 2013. We defer resolution of Petitioners' Motion for Expedited Review with respect to briefing and resolution on the merits until a determination is reached regarding jurisdiction.
|
| View |
View File
|
|
| Docket Date |
2013-06-14
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
|
| Docket Date |
2013-06-10
|
| Type |
Motion
|
| Subtype |
Expedite
|
| Description |
MOTION-EXPEDITE
|
| On Behalf Of |
League of Women Voters of Florida
|
| View |
View File
|
|
| Docket Date |
2013-06-07
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
League of Women Voters of Florida
|
| View |
View File
|
|
| Docket Date |
2013-06-05
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL) ~ Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
|
|
| Docket Date |
2013-06-04
|
| Type |
Order
|
| Subtype |
High Profile
|
| Description |
ORDER-HIGH PROFILE ~ Because of significant public and media interest in this matter, this case has been designated as a high profile case and all material must be filed through the Florida Courts eFiling Portal. All documents filed will be posted on the Supreme Court web page. Parties are directed to ensure that all documents filed are in compliance with rules 2.420, 2.425 and 2.526 of the Florida Rules of Judicial Administration.
|
| View |
View File
|
|
| Docket Date |
2013-06-04
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2013-06-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-06-03
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CLASS/CONST OFCR)
|
| On Behalf Of |
League of Women Voters of Florida
|
| View |
View File
|
|
|
