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DESANTIS v. FLORIDA EDUCATION ASSN.

No. 1D20-2470, No. 1D20-2472.

325 So.3d 145 (2020)

Ron DESANTIS, in his official capacity as Governor of the State of Florida; Richard Corcoran, in his official capacity as Commissioner of Education; Florida Department of Education; and State Board of Education, Appellants, v. FLORIDA EDUCATION ASSOCIATION; Stefanie Beth Miller; Ladara Royal; Mindy Festge; Victoria Dublino-Henjes; Andres Henjes; National Association for the Advancement of Colored People, Inc.; and NAACP Florida State Conference, Appellees. RON DESANTIS, Governor of Florida, in his official capacity as Governor of the State of Florida; Andy Tuck, in his official capacity as the chair of the State Board of Education; State Board of Education; Richard Corcoran, in his official capacity as Commissioner of Education; Florida Department of Education; and Jacob Oliva, in his official capacity as Chancellor, Division of Public Schools, Appellants, v. Monique Bellefleur, individually and on behalf of D.B. Jr., M.B., and D.B.; Kathryn Hammond; Ashley Monroe, and James Lis, Appellees.

District Court of Appeal of Florida, First District.

August 31, 2020.

Attorney(s) appearing for the Case

David M. Wells and Nathan W. Hill of Gunster, Yoakley & Stewart, P.A., Orlando; Kenneth B. Bell of Gunster, Yoakley & Stewart, P.A., Tallahassee; and Lauren V. Purdy of Gunster, Yoakley & Stewart, P.A., Jacksonville, for Appellants.

Joseph W. Jacquot , General Counsel, Raymond F. Treadwell , Deputy General Counsel, and Joshua E. Pratt , Assistant General Counsel, Executive Office of the Governor, Tallahassee, for Governor Ron DeSantis.

Katherine E. Giddings and Kristen M. Fiore of Akerman LLP, Tallahassee; Gerald B. Cope, Jr. of Akerman LLP, Miami; and Ryan D. O'Connor of Akerman LLP, Orlando, for Appellees Florida Education Association, Stefanie Beth Miller, Ladara Royal, Mindy Festge, Vitoria Dublino-Henjes, Andres Henjes, National Association for the Advancement of Colored People, Inc.; and the NAACP Florida State Conference.

Jacob V. Stuart of Jacob V. Stuart, P.A., Orlando; and William J. Wieland of Wieland & Delattre, P.A., Orlando for Appellees Monique Bellefluer, Kathryn Hammond, Ashely Monroe, & James Lis.

ORDER ON EMERGENCY MOTION TO REINSTATE AUTOMATIC STAY

On March 9, 2020, Governor Ron DeSantis declared a state of emergency throughout Florida based on the state surgeon general's declaration of a public health emergency stemming from the COVID-19 pandemic. That declaration and subsequent emergency orders granted state agencies...

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