Supreme Court of Florida

David P. Trotti, Petitioner v. Rick Scott

November 26, 2018271 So. 3d 904

Summary

Justice Pariente dissented from the majority's decision to discharge jurisdiction, agreeing that the court should resolve whether a judicial vacancy created by a delayed resignation must be filled by election rather than gubernatorial appointment. She would have held that permitting judges to announce resignations before the qualifying period while delaying their effective dates allows them to manipulate the constitutional election process and that the vacancy should be filled by election. Justice Lewis, dissenting, would also have addressed the issue but favored requiring the resignation to become effective immediately, while Justice Quince, dissenting, would have held that the seat was properly filled by election based on the stated resignation date.