Legal Opinion

Rick Scott, in his official capacity etc. v. Gail Francati

District Court of Appeal of Florida

Decided March 20, 2017No. CASE NO. 1D16-3942PublishedCited by 6 opinions

1Opinion of the CourtRowe, J.

Governor Rick Scott petitions this Court for a writ of prohibition to bar further proceedings in the trial court because he is not a proper defendant and because no justiciable case or controversy exists. For the reasons that follow, we grant the petition.

Background

Gail Francati, a former nursing home resident, seeks a declaration regarding the constitutionality of the 2014 amendments to section 400.023, Florida Statutes. Fran-cati argues that the amendments violate the separation of powers doctrine by creating new procedural rules singling out nursing home residents and violate her right to…

2Cases cited24 opinions

  1. English v. McCrarySupreme Court of Florida · 1977
  2. Martinez v. ScanlanSupreme Court of Florida · 1991
  3. Mandico v. Taos Const., Inc.Supreme Court of Florida · 1992
  4. Citizens Property Insurance Corp. v. San Perdido Ass'nSupreme Court of Florida · 2012
  5. Coalition for Adequacy v. ChilesSupreme Court of Florida · 1996

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3Cited by6 opinions

  1. Burris v. StateDistrict Court of Appeal of Florida · 2018
  2. Honorable Rick Scott, individually and in etc. v. Donald HinkleDistrict Court of Appeal of Florida · 2018
  3. Lauri Burris, Gregory F. Burris v. State of FloridaDistrict Court of Appeal of Florida · 2018
  4. Lauri Burris, Gregory F. Burris v. State of FloridaDistrict Court of Appeal of Florida · 2018
  5. Premier Motorcar Gallery, Inc. v. Onazina WashingtonDistrict Court of Appeal of Florida · 2018

1 more not listed; retrieve them via the Exa API.

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