Florida Supreme Court Invokes All Writs Jurisdiction Over US Sugar Cases

In South Florida Water Management District v. Miccosukee Tribe of Indians of Florida, the Florida Supreme Court exercised its all writs jurisdiction, provided by the Florida Constitution, and took jurisdiction of two cases pending before the Third District.  The issues in the case as stated by the South Florida Water Management District are below:

The District and the United States Sugar Corporation (the "USSC") have entered into a contract pursuant to which the District will acquire from USSC farmland for purposes of Everglades restoration and preservation. Pursuant to Chapter 75, Florida Statutes, the District filed suit to validate the proposed issuance of certificates of participation (the "COPs") to South Florida Water Management District finance the acquisition.

The Miccosukee Tribe of Indians of Florida (the "Tribe") and New Hope Sugar Company and Okeelanta Corporation (collectively, "New Hope") appeared and actively opposed the bond validation.

The Court's order can be viewed HERE and is copied below:

Petitioner's petition to invoke all writs jurisdiction is hereby granted and the Third District Court of Appeal is hereby directed to transfer forthwith to this Court the consolidated cases styled New Hope Sugar Company, et al. v. South Florida Water Management District, Case No. 3D09-2357, and Miccosukee Tribe of Indians of Florida v. South Florida Water Management District, Case No. 3D09-1960. Because we are confident that the district court will act in a manner consistent with this order, we withhold issuance of the writ.

The Petition to Invoke All Writ's Jurisdiction can be viewed HERE and the Appendix HERE. The Respondent's Suggestion of Lack of Jurisdiction can be viewed HERE.  The Supreme Court's Order to Show Cause as to why it should not accept jurisdiction can be viewed HERE.  All filings can be viewed HERE.