A Florida circuit court judge has kept alive, for the time being, Florida State’s lawsuit against the ACC. As expected, Judge John C. Cooper denied the ACC’s latest motion to pause the trial, meaning the case continues to head toward a potential trial.
Judge Cooper’s Latest Ruling
Judge Cooper heard both sides on the motion Friday afternoon in his Leon County courtroom. The ACC previously filed a motion to stay, meaning stop all proceedings in the case, pending the outcome of appeals it filed in the First District Court.
In the matter of Florida State v. The ACC, Judge Cooper had already denied the conference’s motion to dismiss. The ACC has already presented its case to the First District Court of Appeals. Those oral arguments were heard by the three-judge panel last month. They are not expected to rule until near the end of the year.
The ACC’s Argument
The ACC’s contention, as argued by a new member of the legal team, Vivekka Supiah, is that while appeals are in place and the rulings have yet to be issued, it would not be right to continue the case on a path toward trial. Suppiah argued that if the appeals court rules in the ACC’s favor, the trial in Leon County is going to have to stop. So it should pause now and wait for the appellate court ruling.
The conference’s appeal is based on jurisdictional issues. The ACC contends that any and all of the lawsuits involving Florida State and Clemson should be heard in Mecklenburg County, NC which is the home of the ACC. FSU is making a sovereign immunity claim, as a state university, and says courts in North Carolina should not have jurisdiction over these contractual issues.
Florida State Responds
Florida State responded at the hearing Friday, arguing that the ACC is not likely to win its appeal. FSU’s counsel, Peter Rush said the ACC’s case would not win based on the merits, and that the elements of the current case in Leon County should not be paused in the meantime. The school argued that the lack of finality of its efforts to get out of the ACC is stopping FSU from being able to negotiate with other conferences for a potential new home.
Similar cases in North Carolina and South Carolina have been paused pending appeals. The ACC is suing Clemson and Florida State, in separate cases, for breach of contract. Each school filed a motion to dismiss. The motions to dismiss were denied by Judge Louis Bledsoe III. Subsequently, each school is appealing to the North Carolina State Supreme Court. Thus Judge Bledsoe granted stays in each case while the appeals are heard, likely in early 2025.
In Pickens County, South Carolina Judge Perry Gravely denied the ACC’s motion to dismiss the lawsuit brought by Clemson. But Judge Gravely did grant a stay while the ACC goes through the appeals process.
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But while Judge Cooper acknowledged that both sides made, “Good arguments,” it was clear in the 30-minute hearing that he intends the process in his court to go forward at a normal trial-like pace. The ACC is expected to appeal Friday’s ruling.
