ACC vs. FSU Lawsuit: ACC makes case to North Carolina Supreme Court to deny FSU’s petition.
The ACC laid out its case on Thursday to request that the North Carolina Supreme Court deny Florida State’s petition to hear an appeal of the denial to Stay (delay) the case of the ACC vs. FSU in North Carolina business court.
The ACC’s requests centers around two points:
“1.FSU cannot show any probability that the Business Court’s Denial of the Motion to Stay was arbitrary.”
“2.The Trial Court’s Denial of FSU’s Motion to Dismiss for the lack of subject matter jurisdiction is consisent (sic) with this court’s recent case and there are no extraordinary circumstances to warrant review.”
FSU filed its appeal earlier this month following the North Carolina’s Business Court denial back in April.
It’s another step in the expected lengthy legal process between the two entities with dueling lawsuits in separate states. FSU got a recent win in its Florida lawsuit this week as Leon County judge John C. Cooper denied the ACC’s request to halt the case by stating jurisdiction resided in North Carolina, ruling that FSU’s case that it conducted business in Florida made it appropriate for the case to continue.The ACC’s motion to dismiss FSU’s second amended complaint in Leon County is ongoing, despite the ruling on jurisdiction and other items. A similar appeal to a higher court in Florida is expected to eventually come from the ACC.
Jurisdiction is at the core of both lawsuits, and it was argued at length in the ACC’s request on Thursday as the ACC looks for the North Carolina Supreme Court to deny FSU’s Petition for Writ of Certiorari (argument that that a lower court has incorrectly decided an important question of law).
The ACC argues that banning petition for Certiorari is an “extraordinary remedial writ” that the Court deploys “sparingly, reserving it to correct errors of law, or to cure a manifest injustice” and that “FSU has the burden…to prove that litigating this matter in North Carolina will work a ‘substantial injustice.’ Before this Court, it must also demonstrate that Chief Judge Bledsoe abused his discretion in denying the stay.”
