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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

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Court

  • Supreme Court of Florida

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