Atlantic Coast Conference v. Florida State University Board of Trustees
The ACC sought certiorari to quash a Leon County order denying its motion to stay FSU's declaratory action in favor of the ACC's earlier-filed North Carolina suit under the principle of priority. The First DCA held that irreparable harm was established (risk of inconsistent rulings), but that the trial court did not depart from the essential requirements of law because an anticipatory filing can constitute a special/extraordinary circumstance justifying denial of a priority-based stay, and the finding of anticipatory filing rested on competent substantial evidence (the ACC chair's declaration that he authorized the North Carolina suit the same day he learned of FSU's emergency board meeting).
Key facts
- The ACC filed suit in North Carolina seeking a declaratory judgment regarding FSU's conference membership obligations, while FSU filed a later declaratory action in Leon County challenging the ACC's authority and seeking to enforce FSU's exit rights.
- The ACC moved to stay FSU's Florida action based on the principle of priority, arguing its earlier-filed North Carolina suit should take precedence under comity principles between different sovereigns.
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Why it matters
This is the first Florida appellate decision to recognize that an anticipatory filing can defeat a priority-based (first-filed) stay, importing the federal first-to-file 'special circumstances' framework into Florida… — full analysis with a trial
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