WHILEY v. SCOTT

No. SC11-592.

79 So.3d 702 (2011)

Rosalie WHILEY, Petitioner, v. Hon. Rick SCOTT, etc., Respondent.

Supreme Court of Florida.

August 16, 2011.


Attorney(s) appearing for the Case

Cindy Leann Huddleston and Kathy Newman Grunewald of Florida Legal Services, Inc., Tallahassee, FL; Valory Toni Greenfield of Florida Legal Services, Inc., Miami, FL; and Talbot D'Alemberte and Patsy Palmer of D'Alemberte & Palmer, Tallahassee, FL, for Petitioner.

Charles M. Trippe, Jr. , General Counsel, Jesse Michael Panuccio , Deputy General Counsel, Erik Matthew Figlio , Special Counsel, Carly Ann Hermanson and J. Andrew Atkinson , Assistant General Counsel, of the Executive Office of Governor Scott, Tallahassee, FL, for Respondent.

Edwin Thom Rumberger and Anna Holt Upton of Rumberger, Kirk & Caldwell, P.A., Tallahassee, FL, on behalf of the Florida Audubon Society; Edith E. Sheeks , Senior Attorney, of Disability Rights of Florida, Tallahassee, FL, on behalf of Disability Rights Florida; Ellen Sue Morris of Elder Law Associates, P.A., Boca Raton, FL and Jack Michael Rosenkranz of Rosenkranz Law Firm, Tampa, FL, on behalf of the Academy of Florida Elder Law Attorneys and the Elder Law Section of The Florida Bar; Pamela Jo Bondi , Attorney General, Scott Douglas Makar , Solicitor General, and Timothy David Osterhaus , Deputy Solicitor General, Tallahassee, FL, on behalf of the State of Florida, as Amici Curiae.


PER CURIAM.

This case is before the Court on the petition of Rosalie Whiley for a writ of quo warranto seeking an order directing Respondent, the Honorable Rick Scott, Governor of the State of Florida, to demonstrate that he has not exceeded his authority, in part, by suspending rulemaking through Executive Order 11-01. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. In exercising our discretion to resolve this matter, we grant relief and specifically...

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