Leon County judge rules FSU must amend complaint to avoid dismissal of ACC lawsuit
2:10 P.M. UPDATE — FSU faces a new hurdle in its quest to leave the ACC without paying hundreds of millions of dollars in fees and/or penalties.
After listening to over three hours of arguments Monday regarding the ACC’s motion to dismiss Florida State’s lawsuit, Leon County Circuit Court Judge John C. Cooper ruled the FSU had not properly established grounds for “personal jurisdiction” in its complaint or amended complaint.
Given that fact, Cooper granted an order for, “dismissal with leave to amend.”
What that means is FSU’s attorneys will have to clearly state why their lawsuit should be heard in Leon County in their amended complaint.
“I’m not ruling against FSU. I’m not ruling they have no case,” Cooper said. “The case is not over. The case will continue.”
But it won’t continue until FSU files a new amended complaint, and he said that will be due within seven days of his order.
The ACC’s attorneys then will have 20 days to file their response, and then a new hearing will be set at a later day. Cooper said he will have to check his calendar to set that hearing.
Florida State is in court seeking a path to exit the ACC without paying more than $500 million in exit fees and the cost of buying back its media rights. The ACC is also suing FSU in North Carolina for breach of contract.
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Click here to see real-time updates from Monday’s hearing.
EARLIER REPORT
Nearly two weeks after Leon County Circuit Court Judge John C. Cooper denied the ACC’s request to postpone Florida State’s lawsuit against the conference, attorneys for both sides will be back in Cooper’s courtroom today.
During a hearing that is scheduled to begin at 9:30 a.m., Cooper will consider the ACC’s motions to dismiss the FSU case entirely or to stay (or pause) discovery.
Warchant managing editor Ira Schoffel will be covering the hearing on location and will post live updates on the Tribal Council.
For a video feed of today’s proceedings, head here.
*ALSO SEE: Ira Schoffel: Three signs of favorable future court rulings for FSU in ACC case
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