The More Things Change, The More They Stay The Same In FSU's Lawsuit Against ACC

The Florida State University and Atlantic Coast Conference legal counsels answered questions in front of the 1st District of Appeal on Wednesday.

The Westcott Building at Florida State University during a hot summer day Wednesday, August 21 2024. / Mishalynn Brown/Tallahassee Democrat / USA TODAY NETWORK

The Florida State legal team met again with a familiar foe on Wednesday – the Atlantic Coast Conference’s legal counsel – this time at the 1st District Court of Appeal in Tallahassee, as opposed to the Leon County (FL) Courthouse or the Mecklenburg County (NC) Courthouse.

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The ACC is challenging the ruling made by Leon County Judge John C. Cooper when he denied the conference’s motion to dismiss on three counts. The first of the three counts was the denial of the notion that FSU could not bring suit against the ACC in Florida. Judge Cooper initially granted this motion to dismiss this count with prejudice, allowing FSU to refile with the ability to amend its complaints.

Furthermore, Judge Cooper denied the ACC’s motions to dismiss counts two and three, which included complaints surrounding the unenforceability of the $140 million exit fee and the notion that the ACC failed to follow its own bylaws, respectively.

The 1st District Court of Appeal is presided over by a panel of three judges instead of one. Judges Ross L. Bilbrey, Joseph Lewis Jr., and M. Kemmerly Thomas questioned both legal teams on Wednesday.

According to the Tallahassee Democrat, it appears both FSU and the ACC stuck to their routines and did not provide any new information regarding the case. Florida State accused the ACC of not following its own bylaws as they filed suit against FSU before conducting a vote among conference members. FSU also accused the ACC of filing a suit in an anticipatory fashion (the FSU Board of Trustees voted to sue the conference, prompting the ACC to file).

However, the ACC accused FSU of breaching agreements and argued that North Carolina was the only suitable location to engage in this trial, as two different locations simultaneously will only breed confusion.

The lawsuits occurring in separate states are on hold until both appeals receive a ruling.

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