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Election Law @ Moritz

Election Law @ Moritz


Litigation

Abramson v. Florida Elections Canvassing Commision

Case Information

Date Filed / Ended: September 8, 2008 / January 6, 2009
State: Florida
Issues: Election Contest, Recount Resources
Courts that Heard this Case: Leon County Circuit Court (Case 2008 CA 002944 ); Florida 1st District Court of Appeals (Case 1D08-5638 )

Issue:

Whether the court has the authority to order a recount of election results after the statutorily prescribed recount procedures have been exhausted and the Elections Canvassing Commission has certified that it is unable to determine the true vote under Florida law.

Status:

Judgment entered by Circuit Court on 10/20/08.  Notice of appeal filed 11/17/08.  Initial brief on the merits filed in Court of Appeals on 11/21/08.  Response filed on 11/21/08.  Appellee answer briefs filed 12/05/08.  Appellant's reply brief filed 12/09/08.  Court denied motion to review denial of stay pending appeal on 12/19/08. Circuit Court mandate entered 1/6/09.

District Court of Appeals Documents

  • Notice of Appeal (filed 11/17/08)
  • Motion To Expedite (as amended) (filed 11/18/08)
  • Motion To Expedite (second amended) (filed 11/20/08)
  • Initial Brief on Merits PDF (filed 11/21/08)
  • RESPONSE (filed 11/21/08)
  • Grant Expediting (entered 11/24/08) Appellee's second amended motion to expedite filed November 20, 2008, is granted. This proceeding is hereby expedited. No request for extensions of time will be granted absent a showing of emergency circumstances. The court notes that the initial brief has been filed. The answer brief shall be filed no later than December 5, 2008. The reply brief shall be filed no later than December 9, 2008. In lieu of a record on appeal, the case shall proceed on an appendix filed by appellant.
  • Answer Brief of State Appellees PDF (filed 12/5/08)
    • Appendix
  • Answer Brief of Appellee William "Bill" Abramson PDF (filed 12/5/08)
    • Appendix
  • Appellee's Answer Brief (att'y Ronald A. Labasky)(filed 12/5/08)
  • Appellant's Reply Brief PDF (filed 12/9/08)
  • Motion for review of denial of stay pending appeal (filed 12/17/08)
  • Denial of Motion (entered 12/19/08)
  • Court/Agency Mandate Cover Letter (filed 1/06/09)
  • Circuit Court Mandate (entered 1/06/09)
  • Case Permanent (entered 2/16/09)

Circuit Court Documents

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