David P. Trotti, Petitioner v. Rick Scott

Summary

Justice Lewis, dissenting, argued that judges should not be permitted to announce resignations before the qualifying period while delaying their effective departure until immediately before the end of their terms, thereby converting an election vacancy into a gubernatorial appointment. He would treat the qualifying period as the cutoff for both the effective resignation and the method of filling the seat, while concluding that the Governor properly used appointment under existing precedent. Justice Quince, dissenting, would have retained jurisdiction, required an election, and held that Trotti was entitled to assume the seat; Justice Pariente joined that proposed result but disagreed with Justice Lewis's tone and approach.