Doc.
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Date Docketed
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Description
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Filed by
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Notes
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05/09/2016
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PETITION-QUO WARRANTO
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PT Gregg S. Lerman 510963 BY: PT Leonard S. Feuer 501751
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05/09/2016
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APPENDIX-PETITION
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PT Gregg S. Lerman 510963 BY: PT Leonard S. Feuer 501751
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Removed from public docket. Contains confidential information.
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05/09/2016
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APPENDIX-PETITION
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PT Gregg S. Lerman 510963 BY: PT Leonard S. Feuer 501751
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Portions redacted
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05/10/2016
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Fee Paid Through Portal
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05/10/2016
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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05/10/2016
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ORDER-RESPONSE/REPLY REQUESTED
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Petitioner has filed a Petition for Writ of Quo Warranto. Respondent is hereby requested to file a response to the above-referenced petition on or before May 23, 2016. The petitioner may file a reply on or before May 31, 2016. (5/18/16: AMENDED TO REFLECT NEW DUE DATES FOR RESPONSE & REPLY)
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05/11/2016
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APPENDIX AMENDED-PETITION
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PT Gregg S. Lerman 510963 BY: PT Leonard S. Feuer 501751
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05/11/2016
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Gregg S. Lerman 510963 BY: PT Leonard S. Feuer 501751
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05/12/2016
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MOTION-OTHER SUBSTANTIVE
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PT Gregg S. Lerman 510963 BY: PT Leonard S. Feuer 501751
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MOTION TO INVOKE THE COURT'S ALL WRITS JURISDICTION
TO MAINTAIN THE STATUS QUO PENDING REVIEW OF
THE PETITION FOR WRIT OF QUO WARRANTO
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05/13/2016
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NOTICE-APPEARANCE
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RS Kenneth J. Detzner BY: RS Adam S. Tanenbaum 117498
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FILED AS "NOTICE OF APPEARANCE AS COUNSEL FOR SECRETARY OF STATE
AND DESIGNATION OF E-MAIL ADDRESSES"
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05/13/2016
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NOTICE-APPEARANCE
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RS Rick Scott BY: RS Jason B. Gonzalez 146854
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05/13/2016
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RESPONSE
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RS Rick Scott BY: RS Jason B. Gonzalez 146854
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FILED AS "RESPONSE TO PETITIONER'S MOTION TO INVOKE THE COURT'S ALL WRITS JURISDICTION TO MAINTAIN THE STATUS QUO PENDING REVIEW OF THE PETITION FOR WRIT OF QUO WARRANTO"
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05/18/2016
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PAY MOTION TO INTERVENE FEE-295
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PT Thomas R Baker BY: PT Ronald G. Meyer 148248
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05/18/2016
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MOTION-INTERVENE
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PT Thomas R Baker BY: PT Ronald G. Meyer 148248
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MOTION OF THOMAS R. BAKER FOR LEAVE
TO INTERVENE AS PETITIONER
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05/20/2016
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ORDER-INTERVENE GR
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The Motion of Thomas R. Baker for Leave to Intervene as Petitioner is granted, subject to the existing expedited time requirements.
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05/23/2016
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RESPONSE
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RS Rick Scott BY: RS Daniel E. Nordby 14588
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GOVERNOR RICK SCOTT'S RESPONSE TO
PETITION FOR WRIT OF QUO WARRANTO
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05/23/2016
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APPENDIX-RESPONSE
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RS Rick Scott BY: RS Daniel E. Nordby 14588
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APPENDIX TO GOVERNOR RICK SCOTT'S RESPONSE TO PETITION FOR WRIT OF QUO WARRANTO
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05/23/2016
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RESPONSE
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RS Kenneth J. Detzner BY: RS Adam S. Tanenbaum 117498
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SECRETARY OF STATE'S RESPONSE IN OPPOSITION TO
PETITION FOR WRIT OF QUO WARRANTO
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05/24/2016
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ORDER-CASE STYLE CHANGE
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The style of the above case has been changed from Gregg S. Lerman vs. Rick Scott, Governor, et al. to Gregg S. Lerman, et al. vs. Rick Scott, Governor, et al.
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05/31/2016
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REPLY TO RESPONSE
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PT Thomas R Baker BY: PT Lynn C. Hearn 123633
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REPLY BY PETITIONER BAKER TO THE RESPONSES TO THE
PETITION FOR WRIT OF QUO WARRANTO
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05/31/2016
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REPLY TO RESPONSE
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PT Gregg S. Lerman 510963 BY: PT Leonard S. Feuer 501751
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REPLY BY GREGG LERMAN
TO THE RESPONSES TO THE
PETITION FOR WRIT OF QUO WARRANTO
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06/03/2016
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DISP-GRANTED
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The petition for writ of quo warranto is hereby granted. The term "quo warranto" means "by what authority," and the writ is the proper means for inquiring into whether a particular individual has improperly exercised a power or right derived from the State. See Fla. House of Reps. v. Crist, 999 So. 2d 601, 607 (Fla. 2008); Martinez v. Martinez, 545 So. 2d 1338, 1339 (Fla. 1989).
We grant this petition for writ of quo warranto because this Court's precedent has specifically determined that section 99.012, Florida Statutes, is an exception to the Governor's power of appointment in the context of judicial vacancies. See In re Advisory Op. to Governor, 276 So. 2d 25, 26 (Fla. 1973); Spector v. Glisson, 305 So. 2d 777, 782-83 (Fla. 1974) (noting that section 99.012 is a restriction on the Governor's power of appointment); see also In re Advisory Op. of Governor Request of September 6, 1974, 301 So. 2d 4, 6-7 (Fla. 1974) (noting section 99.012 as an exception to the appointment process because "the effective date of the vacancy coincided with the commencement of the terms of other judicial officers elected during the same elective process"). While it is true that the Constitution has been amended in some respects since those decisions were rendered, the logic of those decisions still controls.
The Respondents are directed to fill the office of Palm Beach County Court Judge, Fifteenth Judicial Circuit, Group 11 through the 2016 election process. The Respondents shall direct that the Palm Beach County Supervisor of Elections reinstate the election for this judicial office and accept candidates seeking to qualify for this judicial office between noon on June 6, 2016, and noon on June 10, 2016. The Governor shall not utilize the Fifteenth Judicial Circuit Judicial Nominating Commission to perform any functions related to nominating candidates for this judicial office. No motions for rehearing will be entertained.
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06/03/2016
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ORDER-OTHER SUBSTANTIVE DY
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Petitioner's Motion to Invoke the Court's All Writs Jurisdiction to Maintain the Status Quo Pending Review of the Petition for Writ of Quo Warranto is hereby denied as moot.
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