Background
Kevin Emas filed a verified, time-sensitive petition seeking a writ of mandamus against Governor Ron DeSantis concerning a vacancy on the Third District Court of Appeal.
While the petition was pending, the Governor appointed a judge to fill the vacancy on July 10, 2026. Justice Labarga noted that the appointment came more than 50 days after the Florida Constitution’s 60-day deadline for judicial appointments following certification of nominees.
The Court’s Holding
The Florida Supreme Court denied Emas’s mandamus petition as moot. Because the Governor had already made the requested judicial appointment, there was no longer live relief for the Court to order.
The Court’s disposition did not decide whether the Governor’s delayed appointment violated the constitutional deadline or whether mandamus may issue against the Governor for an appointment duty. Justice Labarga concurred to stress that the Constitution contains no exception to the 60-day requirement. Justice Tanenbaum specially concurred, maintaining that separation-of-powers principles deprive the Court of authority to issue mandamus directing the Governor’s core appointment functions.
Key Takeaways
- A mandamus petition seeking a judicial appointment becomes moot once the Governor fills the vacancy.
- The Court did not resolve the consequences of exceeding the constitutional 60-day appointment deadline.
- The justices expressed differing views on whether Florida courts may compel the Governor to perform appointment duties through mandamus.
Why It Matters
The decision leaves unresolved the available judicial remedy when a Governor misses the constitutional deadline to appoint a judge. The concurrences underscore an ongoing separation-of-powers dispute over whether mandamus can be used to compel gubernatorial action in that setting.