Kevin Emas v. Ron D. DeSantis, Governor
The Florida Supreme Court denied as moot a mandamus petition seeking to compel the Governor to fill a Third DCA vacancy, because the Governor made the appointment while the petition was pending. Justice Labarga concurred to emphasize that article V, section 11(c)'s 60-day appointment deadline admits of no exception and was missed by more than 50 days. Justice Tanenbaum specially concurred at length, arguing the Court has no jurisdiction to issue mandamus to the Governor over core executive functions and that the Court abrogated a century-and-a-half-old gubernatorial immunity principle sub silentio beginning in 1982.
Key facts
- A judicial nominating commission certified nominations to fill a vacancy on the Third District Court of Appeal, triggering the 60-day appointment deadline in article V, section 11(c) of the Florida Constitution.
- Petitioner Kevin Emas filed a 'Verified, Time-Sensitive, Non-Routine Petition for Writ of Mandamus' in the Florida Supreme Court seeking to compel the Governor to make the appointment.
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Holdings
- A petition for writ of mandamus is denied as moot where the respondent performs the act sought to be compelled while the petition is pending, leaving no effectual relief for the court to…
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Why it matters
Practitioners litigating extraordinary writs against the executive branch should read this decision for the roadmap it supplies on both sides of a live jurisdictional fault line. Justice Labarga's concurrence supplies… — full analysis with a trial
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