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CHILES v. P.S.C. NOMINATING COUNCIL

No. 77064.

573 So.2d 829 (1991)

Lawton CHILES, Etc., et al., Petitioners, v. PUBLIC SERVICE COMMISSION NOMINATING COUNCIL, Respondent.

Supreme Court of Florida.

January 24, 1991.

Attorney(s) appearing for the Case

J. Hardin Peterson, Tallahassee, for Governor-Elect Lawton Chiles.

Peter M. Dunbar, Counsel, Deborah K. Kearney, Deputy Counsel and Gregory C. Smith, Asst. General Counsel, Tallahassee, for Governor Bob Martinez.

Michael Pearce Dodson, and Robert A. Butterworth, Atty. Gen. and Louis F. Hubener, Asst. Atty. Gen., Tallahassee, for respondent.

Mallory E. Horne and D. Stephen Kahn, Tallahassee, for Gwen Margolis, as President of The Florida Senate.

Thomas R. Tedcastle, Tallahassee, for T.K. Wetherell, as Speaker of The Florida House of Representatives, Tallahassee, amicus curiae on behalf of the Florida Legislature.

OVERTON, Justice.

Petitioners filed a petition for a writ of prohibition seeking to prevent the Public Service Commission Nominating Council from exercising its authority, set forth in section 350.031, Florida Statutes (1989), to appoint two public service commissioners for positions that became vacant on January 8, 1991, because of the failure of Governor Martinez to make such appointments prior to December 1, 1990. Petitioners contend that the nominating council...

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