We have a few new filings. Both are important.
First, the ACC filed a Petition for Writ of Certiorari in Florida (at the First District Court of Appeal). This is a discretionary appeal, like FSU has filed in NC along with its direct appeal. I was surprised to see this at first, then remembered that Judge Cooper had heard issues other than jurisdiction at the first hearing and reduced his decision to DENY the overall stay/transfer to NC to writing a month ago. Then he had another hearing where he found FSU had not properly pled jurisdiction and had FSU amend its Complaint. It did that a week or so ago. We now expect a motions to dismiss and more attacks on jurisdiction, but are in a weird spot. Judge Cooper even stayed the case pending his jurisdiction rulings, so this is happening at an odd time. I am not even sure the initial order means anything given the decision about jurisdiction. However, if it is a valid order, the ACC only had 30 days to file a cert petition or they would not be able to appeal this practically. I suspect they felt they had to file this in an abundance of caution. If the initial order sticks, this was timed right and they don't give up the appeal. If it does not stick, they can file the same doc later on the right order and nothing is lost.
The merits of the appeal are the same argued below, with some attacks on how Judge Cooper analyzed the issue. This is the first filed issue, votes, venue factors, and all that. Much attention will be paid to the timing of filing issue by the public, but that is not the whole issue. Two things to keep in mind. One is that no Florida court has ever held the anticipatory suit exception applies in Florida, and the other is that even if FSU gets credit for first filing, that is but one of many factors to consider. This gets ignored in almost every story about this because those factors are boring and the filing timing is juicy. I still believe personally that the cases should all be in NC and in one case, unless there really is no jurisdiction over FSU (which I think there is, but there is a more recent USSC decision that makes this less clear; and jurisdiction is not part of this appeal), but think the appeal issue is around 50/50.
Overall, it should be clear why they are doing this. The main issue now for all parties is to get the best venue they can get. It does not answer the whole case, but everyone wants whatever little help being at home gives them. Judge Cooper had denied the overall motion to stay (remember, we will see many different motions to stay), so if the ACC did not appeal that they would be conceding Florida as a venue and at best be in a rush to judgment with NC.
If the First DCA reverses Judge Cooper and says the Florida case should be stayed pending the NC case, it would be considered a HUGE loss by FSU and the public. I don't think it's nearly that bad, but it's not at all what you want if you are FSU.
Second, the ACC filed a Motion to Stay the case pending this appeal, and asking for an expedited ruling. They want this decided before 6/18 so the hearing that day does not happen. It makes sense in that if the appellate court finds the case should be on hold/deferred to NC, then it makes no sense to be doing work on the case now. Granting or denying these are usually discretionary, but if Judge Cooper denies that, I think they can immediately ask the First DCA to stay the case.
First, the ACC filed a Petition for Writ of Certiorari in Florida (at the First District Court of Appeal). This is a discretionary appeal, like FSU has filed in NC along with its direct appeal. I was surprised to see this at first, then remembered that Judge Cooper had heard issues other than jurisdiction at the first hearing and reduced his decision to DENY the overall stay/transfer to NC to writing a month ago. Then he had another hearing where he found FSU had not properly pled jurisdiction and had FSU amend its Complaint. It did that a week or so ago. We now expect a motions to dismiss and more attacks on jurisdiction, but are in a weird spot. Judge Cooper even stayed the case pending his jurisdiction rulings, so this is happening at an odd time. I am not even sure the initial order means anything given the decision about jurisdiction. However, if it is a valid order, the ACC only had 30 days to file a cert petition or they would not be able to appeal this practically. I suspect they felt they had to file this in an abundance of caution. If the initial order sticks, this was timed right and they don't give up the appeal. If it does not stick, they can file the same doc later on the right order and nothing is lost.
The merits of the appeal are the same argued below, with some attacks on how Judge Cooper analyzed the issue. This is the first filed issue, votes, venue factors, and all that. Much attention will be paid to the timing of filing issue by the public, but that is not the whole issue. Two things to keep in mind. One is that no Florida court has ever held the anticipatory suit exception applies in Florida, and the other is that even if FSU gets credit for first filing, that is but one of many factors to consider. This gets ignored in almost every story about this because those factors are boring and the filing timing is juicy. I still believe personally that the cases should all be in NC and in one case, unless there really is no jurisdiction over FSU (which I think there is, but there is a more recent USSC decision that makes this less clear; and jurisdiction is not part of this appeal), but think the appeal issue is around 50/50.
Overall, it should be clear why they are doing this. The main issue now for all parties is to get the best venue they can get. It does not answer the whole case, but everyone wants whatever little help being at home gives them. Judge Cooper had denied the overall motion to stay (remember, we will see many different motions to stay), so if the ACC did not appeal that they would be conceding Florida as a venue and at best be in a rush to judgment with NC.
If the First DCA reverses Judge Cooper and says the Florida case should be stayed pending the NC case, it would be considered a HUGE loss by FSU and the public. I don't think it's nearly that bad, but it's not at all what you want if you are FSU.
Second, the ACC filed a Motion to Stay the case pending this appeal, and asking for an expedited ruling. They want this decided before 6/18 so the hearing that day does not happen. It makes sense in that if the appellate court finds the case should be on hold/deferred to NC, then it makes no sense to be doing work on the case now. Granting or denying these are usually discretionary, but if Judge Cooper denies that, I think they can immediately ask the First DCA to stay the case.
