Warren v. DeSantis
Suspended State Attorney Andrew Warren sought a writ of quo warranto (and alternatively mandamus) from the Florida Supreme Court more than six months after Governor DeSantis suspended him, having first unsuccessfully litigated a state-law quo warranto claim in federal court (dismissed on Eleventh Amendment/Pennhurst grounds). The Court denied the petition on the ground of unreasonable, unexplained delay, without reaching the merits, noting that the writ is discretionary and that the Florida Senate remains the constitutional forum for review of a suspension.
Key facts
- State Attorney Andrew Warren was suspended by Governor DeSantis and sought a writ of quo warranto from the Florida Supreme Court more than six months after the suspension took effect.
- Warren first filed a state-law quo warranto claim in federal court, which was dismissed on Eleventh Amendment and Pennhurst grounds, and he waited nearly five months after that dismissal before filing in state court.
- +1 more key fact with a free trial
Why it matters
The decision confirms that unreasonable, unexplained delay is an independent, merits-free basis to deny extraordinary writ relief in Florida, extending Thompson v. DeSantis and Pooser to a roughly six-month delay — a… — full analysis with a trial
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