Monday, October 27, 2014

Now We Know Where Padgett will next be Decided

There has been a fair amount of attention to the Florida Eleventh Circuit case which is shorthand referenced as  "Padgett," which is Florida Workers Advocates v. Florida.

As described in the post "Padgett," or "Florida Workers' Advocates," A Rose by Any Other Name, there is ample discussion about how the case will be decided. Until recently, there was mystery as to where it would next be decided. 

That questions and conjecture of that "what is next" mystery has begun to resolve. On August 29, 2014 a suggestion was filed with the court. The intent was for the Third District to forego deciding the appeal, and instead to certify the case to the Florida Supreme Court. 

On October 16, 2014, the Court answered this part of the mystery and denied that suggestion. The Third District will hear the appeal from Judge Cueto's August decision. And, there will be some amicus, or "friend of the court" briefs allowed in the matter. The Court concluded:

"Upon consideration, the suggestion to certify question requiring immediate resolution by the Supreme Court pursuant to Florida Rule of Appellate Procedure 9.125 is hereby denied. The Florida Chamber of Commerce and the Florida Justice Reform Institute's joint motion for leave to file a joint amicus curiae brief is granted. The Fraternal Order of Police, Police Benevolent Association and International Union of Police Associations' motion for leave to file an amicus curiae brief is granted."

So next is the Third District Court of Appeal. Whether it must or may be reviewed by the Florida Supreme Court in the future remains to be seen.

Workcompcentral has a full story on the decision today.

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