Opinion · Court of Appeals for the Eleventh Circuit

Touchston v. McDermott

234 F.3d 1161

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
2000-12-09
Topic
general

ON APPELLANTS’ EMERGENCY MOTION FOR INJUNCTION PENDING PETITION FOR CERTIORARI Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges. ORDER: In order to ensure that the United States Supreme Court has sufficient time to rule on the certiorari petition in this case, the Florida Secretary of State and the Florida Elections Canvassing Commission are enjoined from changing, after the issuance of this order, any previously certified results of the presidential election based upon any manual recounts after the existing certification. Nothing in this order should be construed to prevent, obstruct, or impede the continuation of the manual recounts that are currently being conducted. This order shall remain in effect until vacated by this Court or the United States Supreme Court, or until the certiorari petition is ruled upon, whichever comes first.

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Cited by
4 opinions
TOUCHSTON v. McDERMOTT,234 F.3d 1161(11th Cir. 2000)
Robert C. TOUCHSTON, Deborah Shepperd, et al., Plaintiffs-Appellants, v.
Michael McDERMOTT, in his official capacity as a member of the County
Canvassing Board of Volusia County, Ann McFall, in her official capacity
as a member of the County Canvassing Board of Volusia County, et al.,
Defendants-Appellees.
No. 00-15985.
United States Court of Appeals, Eleventh Circuit.
December 9, 2000.
Page 1162
James Bopp, Jr., Bopp, Coleson Bostram, Terre Haute, IN, for Robert C. Touchston, Deborah Shepperd and Diana L. Touchston.

Theodore B. Olson, Gibson, Dunn Crutcher, Washington, DC, for Ned L. Siegel.

Daniel D. Eckert, Volusia County Legal Dept., DeLand, FL, for Michael McDermott and Ann McFall.

Andrew James McMahon, West Palm Beach, FL, for Theresa Lepore and Charles E. Burton.

John W. Little, III, Steel Hector Davis, West Palm Beach, FL, for Carol Roberts, Katherine Harris and Bob Crawford.

Lee Alan Kraftchick, Miami, FL, for David Leahy, Lawrence King, Jr. and Miriam Lehr.

John Brian Murray, Jr., Steel Hector Davis, LLP, West Palm Beach, FL, for Clay Roberts.

L. Roland Blossom, Frank B. Gummey, III, Tura Schnebly, Volusia County Legal Dept., DeLand, FL, Leonard Berger, West Palm Beach, FL, Joseph P. Klock, Jr., Christopher Duke, John B.T. Murray, Jr., Steel Hector Davis, LLP, West Palm Beach, FL, Bruce Rogow, Beverly A. Pohl, Bruce S. Rogow, P.A., Ft. Lauderdale, FL, John H. Fleming, James A. Orr, Allegra J. Lawrence, Carey P. DeDeyn, C. Francis Whitaker, III, Charles B. Jones, III, Sutherland, Asbill Brennan, LLP, Atlanta, GA, for George W. Bush.

Teresa Wynn Roseborough, Sutherland, Asbill Brennan, Atlanta GA, for State Attorneys General, Amicus Curiae and Florida Democratic Party, Intervenor.
On Appeal from the United States District Court for the Middle District of Florida.ON APPELLANTS' EMERGENCY MOTION FOR INJUNCTION PENDINGPETITION FOR CERTIORARI
Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.
ORDER:

In order to ensure that the United States Supreme Court has sufficient time to rule on the certiorari petition in this case, the Florida Secretary of State and the Florida Elections Canvassing Commission are enjoined from changing, after the issuance of this order, any previously certified results of the presidential election based upon any manual recounts after the existing certification. Nothing in this order should be construed to prevent, obstruct, or impede the continuation of the manual recounts that are currently being conducted.

This order shall remain in effect until vacated by this Court or the United States Supreme Court, or until the certiorari petition is ruled upon, whichever comes first.