IN THE SUPREME COURT OF FLORIDA CASE NO.SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner,

Similar documents
IN THE SUPREME COURT OF FLORIDA CASE NOS.: SC , SC & SC PALM BEACH COUNTY vs. KATHERINE HARRIS, ET CANVASSING BOARD

IN THE SUPREME COURT OF FLORIDA CASE NO. SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner, vs.

No IN THE SUPREME COURT OF THE UNITED STATES. GEORGE W. BUSH, Petitioner, PALM BEACH COUNTY CANVASSING BOARD, et al. Respondents.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC

IN THE SUPREME COURT OF FLORIDA CASE NO: SC BEVERLY ROGERS, et. al. v. THE ELECTIONS CANVASSING COMMISSION OF THE STATE OF FLORIDA, et al.

IN THE SUPREME COURT OF FLORIDA CASE NUMBER SC Lower Court Case Number 4D

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. Petitioner, S.C. Case No. SC DCA Case No. 3D v. L.T. Case No. 08-CA-45992

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC

IN THE SUPREME COURT OF FLORIDA RESPONDENT, CITY OF LARGO, ANSWER BRIEF ON JURISDICTION IN RESPONSE TO PETITIONER'S AMENDED BRIEF

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES SUMMARY FINAL ORDER

IN THE SUPREME COURT OF FLORIDA. Supreme Court Case No. SC BOCA INVESTORS GROUP, INC., Petitioner, IRWIN POTASH, ET AL., Respondents.

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA

IN THE SUPREME COURT STATE OF FLORIDA PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA Case Number: SC RESPONDENT S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Appellants/Petitioners, ) LOWER COURT CASE NO. APPELLANT S BRIEF

THE SUPREME COURT OF FLORIDA. CASE NO. SC06-50 L.T. Case No. 4D

IN THE SUPREME COURT OF FLORIDA CASE NOS. SC , SC & SC FLORIDA DEMOCRATIC vs. MICHAEL MCDERMOTT,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC ANDRE FLADELL, ET AL. vs. PALM BEACH COUNTY CANVASSING BOARD, ETC., ET AL.

DESARROLLO INDUSTRIAL BIOACUATICO S.A. ( DIBSA ), E.I. DU PONT DE NEMOURS AND COMPANY, PETITIONER S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA CASE NO. SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner,

~/

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC

IN THE SUPREME COURT OF FLORIDA CASE NO. SC KHOSROW MAKEKI, M.D., and KHOSROW MALEKI, P.A., a Florida professional association,

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC LOWER COURT NO.: 4D JACK LIEBMAN. Petitioner. vs.

IN THE SUPREME COURT OF FLORIDA MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF. THE STANDING COMMITTEE on the Unlicensed Practice of Law of The

IN THE SUPREME COURT OF FLORIDA. CASE NO.: SC Lower Tribunal Nos.: 5D CA W HOWARD BROWNING, Petitioner, vs. LYNN ANNE POIRIER,

IN THE SUPREME COURT OF FLORIDA. Case No. SC L.C. Case No. 4D

RESPONDENT S ANSWER BRIEF

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC L.T. NOs: 4D , 4D THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA.

Petitioner, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D VINCENT MARGIOTTI. Petitioner, -vs- STATE OF FLORIDA, Respondent.

SUPREME COURT OF FLORIDA. Case No. SC

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC

Filing # E-Filed 01/22/ :54:09 PM

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMSHARES AND MOBILE HOMES

IN THE SUPREME COURT OF FLORIDA. Case No.: SC DCA Case No.: 4D RESPONDENT'S BRIEF ON JURISDICTION

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA

Case No. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Plaintiffs, MATTHEW CALDWELL and THE CAMPAIGN TO ELECT MATT

IN THE SUPREME COURT OF FLORIDA. v. Case No.: SC RESPONSE OF THE SECRETARY OF STATE IN OPPOSITION TO PETITION FOR WRIT OF MANDAMUS

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC ANDRE FLADELL, ET AL., vs. PALM BEACH COUNTY CANVASSING BOARD, ET AL.,

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) ALBERTO ELIAKIM, Petitioner, vs.

IN THE SUPREME COURT OF FLORIDA. Case No. SC Petition for review of District Court of Appeal Case No. 1D BEVERLY ROGERS, et al.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR.

RESPONSE BY T3 FAMILY INVESTMENTS, LLC TO PETITIONERS MOTION FOR RECONSIDERATION

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC STATE OF FLORIDA, Petitioner, -vs- EUGENE MICHAEL BYARS, Respondent.

Case 0:09-cv WPD Document 53 Entered on FLSD Docket 07/01/2011 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC IN RE: ADVISORY OPINION TO THE ATTORNEY GENERAL RE: ADDITIONAL HOMESTEAD TAX EXEMPTION

CASE NO. SC THEODORE SPERA, STATE OF FLORIDA, PETITIONER S INITIAL BRIEF

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA. INQUIRY CONCERNING A JUDGE, : No , CHERYL ALEMAN : CASE NO.

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA JUDGE ALEMAN S AMENDED WITNESS LIST (PLEASE SEE PAGE 6.

SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC

IN THE SUPREME COURT OF FLORIDA CASE NO. SC ALVIN LEWIS, Petitioner. vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC: L.T. Case No. 3D CASTELO DEVELOPMENTS, LLC. Petitioner, NAKIA RAWLS, et al. Respondents.

SUPREME COURT OF THE UNITED STATES

IN THE SUPREME COURT STATE OF FLORIDA CASE NO.: SC

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

IN THE SUPREME COURT OF FLORIDA

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

IN THE SUPREME COURT OF THE STATE OF FLORIDA, DERRICK GURLEY, Petitioner, STATE OF FLORIDA, Respondent. Case No. SC th DCA Case No.

CITY OF DEERFIELD BEACH Request for City Commission Agenda

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

PETITIONERS REPLY BRIEF

Petitioner, CASE NO:73,465 STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA CASE NO. SC10-59 L.T. CASE NUMBERS: 4D ; CA005626XXXXMD

Filing # E-Filed 11/10/ :27:26 PM

IN THE SUPREME COURT OF FLORIDA. CASE NO.: SC DCA Case No.: 1D On Review From A Decision Of The First District Court Of Appeal

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC JAMES THOMPSON, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA. v. 1DCA Case No. 1D APPELLANT S MOTION FOR ATTORNEYS FEES AND COSTS

Case 0:13-cr JIC Document 77 Entered on FLSD Docket 11/06/2013 Page 1 of 5

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

Supreme Court of Florida

IN THE SUPREME COURT OF FLORIDA CASE NO. SC

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

Filing # E-Filed 10/24/ :07:49 PM

Filing # E-Filed 06/14/ :33:44 PM

IN THE SUPREME COURT THE STATE OF FLORIDA CASE NO. SC DCA CASE NO. 3D DOCTOR DIABETIC SUPPLY, INC., Appellant / Petitioner,

IN THE SUPREME COURT OF FLORIDA CASE NO. : SC MICHAEL A. PIZZI, JR., Individually, Petitioner, -vs.-

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. (4th DCA Case No. 4D ) STATE OF FLORIDA, Petitioner, vs. JESSIE HILL, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC LOWER TRIBUNAL CASE NO.: 4D

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC04-58 ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. BRIEF OF PETITIONER ON APPEAL On Appeal from the Fourth District Court of Appeal

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

DISTRICT COURT OF APPEAL OF FIRST DISTRICT, STATE OF FLORIDA. Petitioners, DCA Case No.: 1D Lower Court Case No

IN THE SUPREME COURT OF FLORIDA NO. SC THOMAS M. OVERTON,

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC DCA CASE NO. 5D EPISCOPAL DIOCESE OF CENTRAL FLORIDA

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

IN THE SUPREME COURT STATE OF FLORIDA. CASE NO.: SC FOURTH DCA CASE NO.: 4D L.T. No.: (27)

Transcription:

IN THE SUPREME COURT OF FLORIDA CASE NO.SC00-2346 PALM BEACH COUNTY CANVASSING BOARD, Petitioner, v. KATHERINE HARRIS, as Secretary of State of the State of Florida, and ROBERT A. BUTTERWORTH, as Attorney General of the State of Florida, Respondents. BROWARD COUNTY CANVASSING BOARD S REPLY TO KATHERINE HARRIS, GEORGE W. BUSH S AND ROBERT BUTTERWORTH S RESPONSE TO PETITION FOR EXTRAORDINARY WRIT County Attorney for Broward County ANDREW J. MEYERS Chief Appellate Counsel TAMARA M. SCRUDDERS JOSE ARROJO Government Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641

TABLE OF CONTENTS Certificate of Font Size and Style...1 Argument...1 Conclusion...4 Certificate of Service...5 -i-

CERTIFICATE OF FONT SIZE AND STYLE This Reply is typed using a Times New Roman 14-point font. ARGUMENT I. THE BROWARD COUNTY CANVASSING BOARD IS NOT BOUND BY ANY OPINION ISSUED BY THE DIVISION OF ELECTIONS. Katherine Harris arguments are largely premised on the fact the Palm Beach County Canvassing Board requested and received an opinion from her office, the Division of Elections, and is therefore bound by that opinion. Critically, the Broward County Canvassing Board never received any opinion from the Division of Elections, and is therefore not bound by any such opinion. Only Jane Carroll, in her capacity as Supervisor of Elections, requested and received an opinion from the Division of Elections. (DE-12). At most, that opinion would bind only Ms. Carroll, not the Broward County Canvassing Board. The Broward County Canvassing Board has voted to proceed with a countywide manual recount. 1 In its decision, the Board considered all of the opinions that have issued. Based upon the limited manual recount which preceded its decision, the 1 The vote was 2-1, with Jane Carroll, the Broward County Supervisor of Elections, dissenting. -1-

Board concluded that an error in vote tabulation existed which could affect the outcome of the election. This is the standard established pursuant to Section 102.166(5), Florida Statutes. The county-wide manual recount in Broward County began at 2:00 p.m. on November 15, 2000, and is scheduled to continue every day from 8:00a.m. until 6:00 p.m. until all votes are manually counted. While the political parties have continued to battle over the issues in court, the Board remains concerned only with ensuring that the will of the voters in Broward County is accurately and completely determined. The Broward County Canvassing Board can do so if given the necessary time to complete the process established. II. THIS COURT CAN AND SHOULD EXERCISE JURISDICTION There have been few if any cases like the one facing this Court, this State, and this Nation. These are extraordinary circumstances and all interested parties require direction from this Court. If this Court does not take jurisdiction of this matter now, the Court will likely be deprived of the opportunity to exercise jurisdiction in the future, given the small window of time before Secretary Harris intends to declare the voting process at an end in Florida. -2-

If this Court fails to provide expeditious direction to all parties, any subsequent direction from this Court may be too late to permit electors from the State of Florida to participate in the Electoral College s selection of the President, resulting in a complete disenfranchisement of all Florida voters. The Board seeks nothing more than to accurately determine the will of all Broward County voters without interference from the Secretary of State, and respectfully seeks all appropriate relief from this Court to further that objective. -3-

CONCLUSION For the foregoing reasons, this Court should accept jurisdiction of the case and resolve the question of which State officer s legal opinion is correct under the laws of Florida. Respectfully submitted, County Attorney for Broward County Government Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 County Attorney for Broward County Fla. Bar No. 267732 ANDREW J, MEYERS Chief Appellate Counsel Fla. Bar No. 709816 TAMARA M. SCRUDDERS Fla. Bar No. 868426 JOSE ARROJO -4-

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished to: (1) ROBERT BUTTERWORTH, Attorney General, PL-01 The Capitol, Tallahassee, Florida 32399-1050, (2) KATHERINE HARRIS, Secretary of State, The Capitol, Tallahassee, Florida 32399-0250, and (3) BRUCE ROGOW, Esq., BRUCE S. ROGOW, P.A., Broward Financial Center, 500 East Broward Blvd., Ste. 1930, Fort Lauderdale, Florida 33394; ROBERT M. MONTGOMERY, JR., 1016 Clearwater Place, West Palm Beach, Florida 33401; DENISE D. DYTRYCH, Palm Beach County Attorney, JAMES C. MIZE, JR., ANDREW J. MCMAHON, and GORDON SELFRIDGE, s for Palm Beach County, 301 North Olive Avenue, Suite 601, West Palm Beach, Florida 33401 by facsimile and Airborne Express this 16th day of November, 2000. -5-