cess (culminating in Apportionment V, which stayed a district court order that
would have prohibited the evidence from being used at trial, and Apportionment
VI, which held that the evidence was properly compelled over claims of First
Amendment and trade secret privilege), the case proceeded to a twelve-day bench
trial before the Honorable Terry P. Lewis. Plaintiffs presented their evidence and
arguments as to why the 2012 congressional apportionment plan violated the
FairDistricts Amendments, as interpreted by this Court in Apportionment I, and the
Legislature presented its evidence and arguments to the contrary.
The trial court ultimately entered a detailed order, labeled as a “final judgment,” 2 finding that the congressional apportionment plan was constitutionally invalid, concluding that at least two districts (5 and 10) would have to be redrawn,
and rejecting Plaintiffs’ challenges directed at other districts. (R86:11,289-329.)
The Legislature moved the trial court to clarify that the 2014 election would
proceed under the unconstitutional 2012 Congressional Plan. (R85:11,131.) The
Legislature argued that it alone was authorized to draw and adopt a remedial plan.
(R85:11,130) Concerned that allowing the Legislature to devise its own “remedy”
would only reward its misconduct, Plaintiffs urged the trial court to immediately
2
The order is not a true final judgment because it only adjudicated the validity of the congressional apportionment plan and did not address the remedy requested in the Plaintiffs complaints. E.g., Casino, Inc. v. Kugeares, 354 So. 2d 936,
937-38 (Fla. 2d DCA 1978). Even if it were final, the Plaintiffs’ notice of appeal
was timely to appeal it.
3
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