News Reedy Creek Improvement District and the Central Florida Tourism Oversight District

[peter11435]

Not necessarily. A Trump appointee, yes. But that doesn't necessarily mean a potential win for the state either. If he were in lockstep with Trump, he would agree with Disney. But being a judge, one would presume he has an independent mind so could still rule either way. It's not really a "lock" for the state.

He’s not exactly known for being fair and unbiased.

 

[LAKid53]

This judge seems to subscribe to the jdea that one should not read into legislative intent. https://www.wcjb.com/2023/05/26/florida-lawmakers-shielded-redistricting-legal-fight/

No comment. But I strenuously disagree.

 

[JohnD]

He’s not exactly known for being fair and unbiased.

I'll take your word for it. Just saying we don't know how much the new judge is in sync with Trump or not. So can't really assume anything this early.

 

[wdwmagic]

Does any of this really matter at this point anyway, because either way it is heading to appeal.

 

[LAKid53]

I'll take your word for it. Just saying we don't know how much the new judge is in sync with Trump or not. So can't really assume anything this early.

However, he will have a record at 1st DCA that can be reviewed. And he was appointed by Scott, not DeSantis, to the bench.

 

[peter11435]

Does any of this really matter at this point anyway, because either way it is heading to appeal.

Yeah, this wasn’t ending here no matter what the ruling.

 

[mikejs78]

Does any of this really matter at this point anyway, because either way it is heading to appeal.

It does to an extent.. Appeals courts usually don't rule on findings of fact, only on findings of law.. What ends up in the record, what the judge ends up allowing in the way of his rulings will have an impact on the appeal. It may not matter in the long run but a defeat at the circuit court level could make things a little harder for Disney.

 

[mikejs78]

No comment. But I strenuously disagree.

With me or the judge?

 

[JohnD]

However, he will have a record at 1st DCA that can be reviewed. And he was appointed by Scott, not DeSantis, to the bench.

Yes. But a Trump appointee at the Federal level. So it's really still up in the air. Conservative leaning? Absolutely. Does that mean ruling in favor of the state and "removing government special privileges to a private corporation" or Disney and "less government coercion over corporations"? Both are conservative viewpoints.

 

[LAKid53]

Does any of this really matter at this point anyway, because either way it is heading to appeal.

That's going to move the case to the 11th Appellate District.

The judge with the Tallahassee duty station is a Trump appointee. The Circuit Justice is Clarence Thomas.

There's still a Carter appointee on the bench?

 

[LAKid53]

With me or the judge?

The bench. But not a discussion for this thread.

 

[TeriofTerror]

It does to an extent.. Appeals courts usually don't rule on findings of fact, only on findings of law.. What ends up in the record, what the judge ends up allowing in the way of his rulings will have an impact on the appeal. It may not matter in the long run but a defeat at the circuit court level could make things a little harder for Disney.

Agreed. And the original decision is upheld in the vast majority of appeals, overwhelmingly so, due in no small part to this. I may have this entirely wrong, but I believe appeals generally are based not on the original facts of the case, but only if the law was appropriately applied to said facts.

 

[LAKid53]

It does to an extent.. Appeals courts usually don't rule on findings of fact, only on findings of law.. What ends up in the record, what the judge ends up allowing in the way of his rulings will have an impact on the appeal. It may not matter in the long run but a defeat at the circuit court level could make things a little harder for Disney.

A declined motion to disqualify can be appealed.

 

[LAKid53]

Judge Mark E. Walker has disqualified himself from Walt Disney Parks & Resorts vs Desantis case. The case has been reassigned to Judge Allen C. Winsor.

"ORDER ON DISQUALIFICATION

I have considered, without hearing, Defendants’ motion to disqualify me, ECF
No. 33, and Plaintiff’s response, ECF No. 43. For the reasons that follow,
Defendants’ motion is DENIED. Nonetheless, I find disqualification required for a
different reason."

Full document below.

https://storage.courtlistener.com/recap/gov.uscourts.flnd.463456/gov.uscourts.flnd.463456.45.0_1.pdf

"A third degree relative".

But he fired a parting shot to the state in the way out.

 

[GoofGoof]

Does any of this really matter at this point anyway, because either way it is heading to appeal.

I think it does matter. On appeal it is more difficult to overturn a decision than to uphold one. It seem likely that Disney will lose the case now and have to rely on the appeals court to overturn the decision. Not impossible but a more difficult path.

 

[mikejs78]

I think it does matter. On appeal it is more difficult to overturn a decision than to uphold one. It seem likely that Disney will lose the case now and have to rely on the appeals court to overturn the decision. Not impossible but a more difficult path.

There's still multiple criteria here. Disney could lose on the 1A grounds now but still win on the contracts clause. I honestly have a hard time seeing how any judge, short of a judge like Aileen Cannon, rules for the state on the contracts clause.

 

[maxairmike]

D.R.Horton is the developer of my neighborhood.

Also the developer that carelessly hacked into Twin Oak Preserve several years ago and seemed to not care at all. Was my favorite spot for Bald Eagle watching when I lived closer to that side of the metro so that really ticked me off.

Anyway, hopefully this guy isn’t the crackpot rubber stamp that I’m sure DeSantis expects. Although if he isn’t and Garcia, Peri, and Bridgette stick around that trio might well do him in no matter how well he puts up with stupidity.

 

[GoofGoof]

I think the motion to dismiss probably comes into play now. If this judge sticks (2 down already) he could end up accepting the defendant‘s motion to dismiss. I assume there would still be an appeal anyway.

 

[GoofGoof]

There's still multiple criteria here. Disney could lose on the 1A grounds now but still win on the contracts clause. I honestly have a hard time seeing how any judge, short of a judge like Aileen Cannon, rules for the state on the contracts clause.

When you get into highly partisan judges like this the law is less important.

 

[seascape]

I don't think the Judge matters as much as the law and Constitition. Further, a Conservative strict constructionalist Judge will give the 1st Amendment issue more weight. Disney will win this case and it will be the downfall of DeSantis's Presidential run.