Florida State responds to ACC appeal of Leon County circuit judge's rulings

Florida State and the ACC are locked in another legal battle, this time in Florida's 1st District Court of Appeal.

The conference filed an appeal June 5, challenging the rulings made by Leon Circuit Judge John C. Cooper in April, specifically his decision to deny the motion to stay, or pause the case, based on what he believed was the ACC participating in forum shopping. (That refers to filing a case in a location that could provide a more favorable outcome for a party.)

Cooper believes the ACC's decision to file its lawsuit in North Carolina a day before FSU was scheduled to file its own lawsuit in Leon County was improper.

In the school's response to the conference's appeal, FSU argued that Cooper was within his right to rule in favor of the Seminoles, arguing the principle of priority – also known as "first in time, first in right" – should not influence this lawsuit because of 'extraordinary circumstances,' such as the anticipatory filling of the ACC's action.

"The ACC’s baseless argument shows only that the trial court addressed the unique factors or circumstances of this litigation—and nothing in Florida law shows that it was error, much less a departure from the essential requirements of established Florida law, to do so," the filing reads.

The reply brings up the dueling cases in both North Carolina and Florida, with the school bringing up its appeal of the Mecklenburg County business court's decisions. In its filing, the school said that conflicting rulings between the two state courts are "speculative at best," and likely far away from being ruled.

The issue of sovereign immunity was once again brought up as it continues to be a contentious point between the two parties, with FSU saying "the ACC that injected sovereign immunity into North Carolina Action" with its lawsuit. Generally, sovereign immunity means the government cannot be sued without its consent; public universities in Florida are considered arms of state government.

In its reply, FSU said that the appeal in North Carolina is likely to be a lengthy process and could reach courts outside of North Carolina, which could bring federal courts into play, though that's unlikely.

What is the status of the multiple FSU vs. ACC lawsuits?

• On June 21, Cooper denied the ACC's motion to dismiss FSU's lawsuit against the conference in Leon County, allowing the case to continue to move forward in the Florida legal system.

• On June 13, Moody said she doesn't need a hearing to get the media contracts from the ACC, citing Florida's public record law and saying a judge can make a ruling on her request now.

• In May, FSU filed a nearly 600-page complaint in North Carolina asking for the state's supreme court to review the April decision given by the judge there. The petition asks for a writ of certiorari, a formal request for the court to review a case for error or a violation. The ACC responded to FSU's appeal, saying FSU's appeal "fails on its face" because it doesn't show that the court's decision was “patently arbitrary."

• In April, Florida Attorney General Ashley Moody filed a lawsuit against the conference demanding the media contracts, Grant of Rights and ESPN agreement be revealed in accordance with Florida public records law.

Liam Rooney covers preps sports for the Tallahassee Democrat. Contact him via email at LRooney@gannett.com or on Twitter @__liamrooney