FSU vs. ACC lawsuit: What to know ahead of conferences appeal hearing in Leon County
Florida State and the Atlantic Coast Conference return to the courtroom Wednesday.
The ACC challenged the rulings made by Leon Circut Judge John C. Cooper in an appeals filing sent to Florida's First District Court of Appeals in June. The hearing scheduled for 10 a.m. is set to address the conference claims that Judge Cooper committed a "judicial foul" with his rulings made in the FSU vs. ACC case taking place in Leon County circuit court.
Judge Cooper denied the ACC's motions to stay after three hearings, with the conference's initial appeal filed after Judge Cooper's denial of a motion to stay based on personal jurisdiction. The conference maintains it has first filing priority and jurisdiction in the case and it should be heard and tried in North Carolina court.
Wednesday's hearing will be heard in front of a three-judge panel with each side receiving 20 minutes for oral arguments.
It is the latest entry in what is now over a year-long squabble that includes four separate lawsuits over media rights and FSU's potential exit from the conference.
The school has been public in its frustration with the conference long before the lawsuits, but following the snub from the College Football Playoffs, FSU accelerated its legal proceedings against the ACC.
The first domino fell last December when the ACC filed the first lawsuit in North Carolina on December 21, suing the school before it had filed its own suit against the conference in Leon County.
FSU filed its suit on December 22 after the school's board of trustees approved a motion to sue the conference in a meeting on the same day. The ACC's lawsuit was deemed a preemptive filing by Judge Cooper in April as he said the conference filed first in North Carolina in an attempt to gain an advantage with jurisdiction.
That ruling is one being challenged by the conference, who have already had their motion to stay appeal denied by the Flordia First District Court of Appeals. The ACC claims that Judge Cooper didn't meet the 'essential requirements of law' with his ruling and there was a 'refusal' to apply the principle of priority law.
What is the status of the other FSU vs. the ACC lawsuits
In the Leon County case, both FSU and the ACC entered mediation talks but did not come to an initial agreement per a court filing on Aug. 20. The ACC recently responded to FSU's second amended complaint for declaratory judgment as that case is still moving forward while the appeals process takes place.
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. The case has since been dropped by Moody as she received and released heavily redacted copies of the ACC-ESPN agreement in August.
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."
Liam Rooney covers Florida State athletics for the Tallahassee Democrat. Contact him via email at LRooney@gannett.com or on Twitter @__liamrooney
This article originally appeared on Tallahassee Democrat: ACC vs. FSU appeals court: What to know about the lawsuit hearing