SABAL TRAIL TRANSMISSION v. 18.27 ACRES OF LAND

No. 21-11995, No. 21-11998.

59 F.4th 1158 (2023)

SABAL TRAIL TRANSMISSION, LLC, Plaintiff-Appellant, v. 18.27 ACRES OF LAND IN LEVY COUNTY, Lee A. Thomas as Successor Sole Trustee of the Trust Agreement for Lee A. Thomas Dated October 1, 2003, Lee A. Thomas as Successor Sole Trustee of the Trust Agreement for Beverly J. Thomas Dated October 1, 2003, Ryan B. Thomas, Drummond Community Bank, Unknown Owners If Any, PNC Bank, National Association, Defendants-appellees, Wilbur F. Dean, Defendant. Sabal Trail Transmission, LLC, Plaintiff-Appellant, v. 2.468 Acres of Land in Levy County Florida, Ryan B. Thomas, Farm Service Agency United States Department of Agriculture Acting on Behalf of United States of America, Unknown Owners If Any, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: February 3, 2023.


Attorney(s) appearing for the Case

Bruce McBrayer Harris , Kurtis T. Bauerle , Gordon H. Harris , Edgar Lopez , Felecia G. Ziegler , Harris Harris Bauerle Ziegler Lopez, Orlando, FL, for Plaintiff-Appellant.

Andrew Prince Brigham , Christopher Bucalo , Edward Scott Copeland , Trevor Shane Hutson , Brigham Property Rights Law Firm, PLLC, Jacksonville, FL, Stephen S. Davis , Mark F. Hearne, II , True North Law, LLC, St. Louis, MO, for Defendant-Appellee Lee A. Thomas as Successor Sole Trustee of the Trust Agreement for Lee A. Thomas Dated October 1, 2003.

Andrew Prince Brigham , Christopher Bucalo , Edward Scott Copeland , Trevor Shane Hutson , Brigham Property Rights Law Firm, PLLC, Jacksonville, FL, Stephen S. Davis , True North Law, LLC, St. Louis, MO, for Defendant-Appellee Lee A. Thomas as Successor Sole Trustee of the Trust Agreement for Beverly J. Thomas Dated October 1, 2003.

Andrew Prince Brigham , Christopher Bucalo , Edward Scott Copeland , Trevor Shane Hutson , Brigham Property Rights Law Firm, PLLC, Jacksonville, FL, Mark F. Hearne, II , True North Law, LLC, St. Louis, MO, for Defendant-Appellee Ryan B. Thomas.

Ryan Daniel O'Connor , Kimberly Lopez , Akerman, LLP, Orlando, FL, for Defendant-Appellee PNC Bank, National Association.

Before Jordan and Rosenbaum, Circuit Judges, and Steele, District Judge.


This case is all about our prior-precedent rule. As any practitioner before our Court knows, once a panel—or in this case, the en banc Court—has decided an issue in a published decision, that decision is binding on all future panels. That is so because, as a court of law, we aim for rules to be clear, consistent...

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