Supreme Court of Florida
David P. Trotti, Petitioner v. Rick Scott
November 26, 2018271 So. 3d 904
Summary
Justice Quince, dissenting, would have retained jurisdiction to decide whether a judicial vacancy created by a delayed resignation during an election year must be filled by election rather than gubernatorial appointment. She would have held that the vacancy occurred on the resignation's stated effective date, after the intervening general election, and that the candidate who qualified unopposed was entitled to the seat. Justice Lewis, dissenting, would also reject the practice of delayed resignations but would treat the resignation as effective when accepted, while Justice Pariente, dissenting, would adopt Justice Quince's election-based resolution and disagreed with the majority's discharge of jurisdiction.