Florida Supreme Court in Tallahassee. Photo: Raychel Lean/ALM.Weed, Weapons and Raoul Cantero: Florida Supreme Court Tackles Busy Docket in February
The tentative schedule of oral arguments in February shows 10 cases hinging on a slew of hot-button issues, replete with Big Law and other high-profile litigators.
January 27, 2020 at 06:40 PM
4 minute read
The Florida Supreme Court is slated to hear oral arguments in 10 cases, including one in which former Justice Raoul G. Cantero, now a partner at White & Case in Miami, is set to argue before the bench he once occupied.
The high court's tentative schedule of oral arguments in February shows 10 cases hinging on a slew of hot-button issues, replete with Big Law and other high-profile litigators, such as Cantero.
Here's a roundup of some of the cases and attorneys slated to argue before the state Supreme Court.
|1. Assault weapons
Florida Attorney General Ashley Moody is seeking an advisory opinion from the high court regarding a petition to amend Article I, Section 8 of the Florida Constitution to define and restrict assault weapons, including semi-automatic rifles and shotguns capable of holding more than 10 rounds of ammunition.
Deputy Solicitor General James H. Percival represents the attorney general. GrayRobinson shareholder Andy Bardos, former special counsel to the president of the Florida Senate, is set to appear for the National Rifle Association. Shutts & Bowen managing partner and appellate practice group chairman Jason Gonzalez has filed to appear for the National Shooting Sports Foundation, a Connecticut-based firearms industry trade group. Boies Schiller Flexner's Jon L. Mills represents Ban Assault Weapons Now, a Miami-based advocacy group. Kyle A. Casazza of Proskauer Rose in Los Angeles is set to appear for Brady And Team Enough, which campaign against gun violence. Weiss Serota Helfman Cole & Bierman member James A. Cole is set to appear for Florida municipalities.
|2. Transportation surtax amendment
The former justice Cantero is a litigator in the case that has drawn nearly 50 docket entries since August, including friend-of-the-court briefs from third parties stepping into the fray. Cantero represents appellees and cross-appellants Tyler Hudson, Keep Hillsborough Moving Inc. and All For Transportation, who argue that provisions in a transportation surtax amendment to Hillsborough County's charter "fly directly in the face" of Florida law.
Gunster, Yoakley & Stewart shareholder George LeMieux, former chief of staff to ex-Gov. Charlie Crist, represents Hillsborough County. Derek T. Ho, a Washington, D.C.-based partner at Kellogg, Hansen, Todd, Figel & Frederick, is slated to appear for appellant/cross-appellee Robert Emerson, a resident who sued over a process that allows the county to borrow against tax revenue. Chris Altenbernd of Banker Lopez Gassler represents Hillsborough County Commissioner Stacy White.
|3. Marijuana regulation
Big Law partner Daniel Nordby, of Shutts & Bowen, represents the Florida Chamber of Commerce, Drug Free America Foundation, National Drug-Free Workplace Alliance, and advocacy group Save Our Society From Drugs.
The litigation stems from a request for an advisory opinion from the Florida Supreme Court on a proposal to regulate marijuana in a way similar to the alcohol industry. Proponents want regulations that establish age restrictions, licensing criteria and other controls.
Deputy Solicitor General Jeffrey P. Desousa represents the attorney general, while Hopping Green & Sams shareholder Mohammad O. Jazil is counsel for the Florida House of Representatives. Minardi Law senior partner Michael C. Minardi is set to appear for Sensible Florida Inc., the group spearheading the initiative.
|4. Judicial ethics
The high court is set to deliver on Feb. 5 a public reprimand of Brevard Circuit Judge Robin C. Lemonidis, accused of showing bias against defendants in two felony criminal cases.
Florida Judicial Qualifications Commission general counsel Alexander J. Williams brought the case, with Winter Park criminal trial lawyer Warren W. Lindsey representing Lemonidis.
|5. Attorney discipline
The Florida Bar v. Payne pits the bar against Lakewood Ranch attorney and real estate investor D. Mark Payne accused of a conflict of interest in a transaction involving Wells Fargo Bank N.A. and a foreclosed property.
Payne is representing himself against Lindsey M. Guinand, who is set to appear for the Florida Bar.
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