Appeals court dismisses ousted Hillsborough State Attorney's lawsuit against DeSantis
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Video above: Warren’s successor, Suzy Lopez, sworn in as state attorney

TAMPA, Fla. (WFLA) — A federal appeals court dismissed a lawsuit brought against Florida Gov. Ron DeSantis by Andrew Warren, a former state attorney he suspended from his position.

Warren was suspended from his post as State Attorney for the 13th Judicial Circuit in 2022 for alleged neglect of duty. Since then, he has sought legal action to get his job back, arguing that the suspension was unconstitutional.

Judges for the Eleventh Circuit Court of Appeals determined Friday that since Warren’s term ended after he lost his reelection bid last year, the case seeking to reinstate him is moot.

“Because Warren’s term of office has concluded, we cannot grant him any meaningful relief on appeal in this case in which he effectively seeks, either by injunctive or declaratory relief, his reinstatement to office,” the court opinion read.

Warren argued that the case is not moot, citing an exception to mootness that allows a case to continue if the complainant is subject to the same action again. According to the court, this means that Warren would have to run for another office under DeSantis’ purview, win the election and get suspended by DeSantis again.

“Warren has established no reasonable expectation of these events occurring,” the opinion read.

Warren was also seeking back pay, which he argued was a live controversy in the case. Florida law permits a suspended officer to recover back pay only if they became entitled to resume the duties of their office, but the court stated that since Warren’s term expired and he was not reinstated, he is not entitled to back pay.

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