SC11-396 Thad Altman, et. al. v. Hon. Rick Scott, Governor

State: Florida

Docket No: SC11-396

Case Date: 03/04/2011

Preview:Supreme Court of Florida
FRIDAY, MARCH 4, 2011
CASE NO.: SC11-396

THAD ALTMAN, ET AL. vs. HON. RICK SCOTT, GOVERNOR ___________________________________________________________________ Petitioner(s) Respondent(s) On March 2, 2011, petitioners filed with the Court an "Emergency Verified Petition for Writ of Quo Warranto, or in the Alternative, for Writ of Mandamus, or other Equitable Relief." The petition was filed as an original proceeding pursuant to article V, section 3(b)(8) of the Florida Constitution. The emergency nature of the petition is based on an alleged March 4, 2011, federal deadline by which to "accept" $2.4 billion in federal grant funds for construction of a high speed rail project. The petitioners allege that Governor Scott has exceeded his constitutional authority and violated the separation of powers under the Florida Constitution. The Court has reviewed the petition, response, and reply, has heard oral argument, and has considered the factual allegations and legal arguments. Based on the limited record before the Court and a review of the federal and state law relied on by the parties, the Court has determined that the petitioners have not clearly demonstrated entitlement to quo warranto, mandamus, or any other relief. Accordingly, the emergency petition is hereby denied. NO MOTION FOR REHEARING SHALL BE PERMITTED. CANADY, C.J., PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

Case No. SC11-396 Page 2

A True Copy Test:

vm Served: CLIFTON ADAMSON MCCLELLAND, JR. JESSE MICHAEL PANUCCIO CARLY ANN HERMANSON

J. ANDREW ATKINSON ERIK MATTHEW FIGLIO CHARLES M. TRIPPE, JR.

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