BROWN v. BUTTERWORTH

Nos. 4D02-2353, 4D02-2401.

831 So.2d 683 (2002)

Representative Corrine BROWN; Representative Alcee Hastings; Representative Carrie Meek; Sallie Stephens; and Senator John McKay, President of the Florida Senate, Appellants, v. Robert A. BUTTERWORTH, Attorney General; Jim Smith, Secretary of State; Tom Feeney, Speaker of the House of Representatives; State of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 20, 2002.


Attorney(s) appearing for the Case

Ephraim R. Hess and Colleen Kathryn O'Loughlin of Hess & O'Loughlin, P.A., Fort Lauderdale; J. Gerald Hebert, Alexandria, Virginia; and Paul M. Smith, Sam Hirsch and Katherine A. Fallow of Jenner & Block, LLC, Washington, D.C., for Rep. Corrine Brown, Rep. Alcee Hastings, Rep. Carrie Meek and Sallie Stephens.

William R. Scherer and James F. Carroll of Conrad & Scherer, LLP; James A. Scott, Edward J. Pozzuoli and Alexis Yarbrough of Tripp Scott, P.A., Fort Lauderdale, for John McKay, President of the Florida Senate.

Robert A. Butterworth, Attorney General, Tallahassee; Kathleen M. Burgener, Bureau Chief, and Charles M. Fahlbusch, Assistant Attorney General, Fort Lauderdale, for the State of Florida.

Joseph P. Klock, Jr., John W. Little, III, and Arthur R. Lewis, Jr. of Steel Hector Davis, LLP, Miami, for Jim Smith, Secretary of State.

Joseph W. Hatchett, Paul R. Regensdorf, Christopher S. Carver and Richard A. Perez of Ackerman, Senterfitt & Eidson, P.A.; and Miguel De Grandy and Stephen M. Cody of Miguel A. De Grandy, P.A., Miami, for Tom Feeney, Speaker of the Florida House of Representatives.


FARMER, J.

Three members of Congress and a qualified voter have filed a declaratory judgment action in the Circuit Court in Fort Lauderdale challenging the Florida Legislature's reapportionment of their Congressional districts following the 2000 census.1 They claim that as applied to them the plan deprives them of the equal protection of law by gerrymandering their districts on the basis of political...

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