Supreme Court of Florida
Roberts v. Brown, SC10-1362
Secretary of State's petition for extraordinary writ and a petition for a writ of prohibition on the basis that the Second Circuit Court is acting in excess of its jurisdiction by accepting jurisdiction to consider a pre-election action for declaratory and injunctive relief that seeks to remove two citizen-initiative proposed constitutional amendments from the November ballot, is granted and the circuit court is directed to dismiss the pre-election proceedings on the basis of lack of subject matter jurisdiction, as the circuit court's determination that it retains subject matter jurisdiction to consider a pre-election to consider the respondents' challenges to Amendments 5 and 6, the circuit court is encroaching on the Supreme Court of Florida's exclusive jurisdiction and is acting in excess of its jurisdiction.
Appellate Information
- Decided 08/31/2010
- Published 08/31/2010
Judges
Court
- Supreme Court of Florida