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.
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