On Wednesday, September 11, the Atlantic Coast Conference (ACC) will take its first opportunity to appeal in its ongoing legal disputes with member schools Florida State and Clemson. The oral arguments will be heard by the Florida First District Court of Appeal, marking the next phase in the escalating tensions between the ACC and these universities. This legal face-off is only the latest round in what’s becoming a complex, ongoing battle.
Background on the Appeals Process
The current appeal focuses specifically on the ACC’s challenge to rulings made by lower court judge John Cooper. Earlier, Cooper had denied the ACC’s request to pause—or “stay”—the case in Leon County, Florida, allowing legal proceedings to continue without delay. This appeal is moving forward much more quickly than similar cases unfolding in Pickens, South Carolina, and Charlotte, North Carolina, where related legal disputes are also brewing between the ACC and its member institutions.
The ACC had filed the appeal even before Judge Cooper delivered his final ruling on a number of critical issues back in June. Among these, the ACC had sought a motion to dismiss Florida State’s lawsuit, which aims to dissolve the Grant of Rights agreement, thus paving the way for Florida State to exit the conference. Clemson has filed similar motions in South Carolina, and both schools are involved in lawsuits in North Carolina, where the ACC itself is the plaintiff.
Why This Case Is Moving Faster
What sets this case apart is the timing of the ACC’s appeal. Typically, after a motion to dismiss, both parties must wait for the court’s ruling, and then the order must be written before any appeal can proceed. This process can take weeks or even months. However, in this instance, Judge Cooper held three full-day hearings on the motion to dismiss, during which he denied the ACC’s request to pause the case. Before the third hearing even concluded, the ACC filed an appeal challenging the decision to keep the case moving forward.
Key Points in the ACC’s Filing
The ACC’s 54-page appeal is sharply critical of Judge Cooper’s handling of the case, accusing him of committing a “judicial foul.” The ACC argues that Cooper disregarded legal precedents that should have stayed the case until a similar lawsuit in North Carolina is resolved. Specifically, the filing contends that the Leon County case should be put on hold because the North Carolina case involves the same contracts and the same parties.
The ACC’s argument hinges on the idea of “priority,” noting that it first filed its lawsuit in Mecklenburg County, North Carolina, before Florida State pursued its legal action in Florida. Both North Carolina cases are already on the appeals track, addressing issues of jurisdiction and sovereign immunity. According to the ACC, proceedings in Leon County should wait until the North Carolina cases are fully adjudicated.
A stay in the Florida case would halt all discovery and legal actions until the appellate courts have completed their review of the motion to dismiss.
This legal wrangling is crucial in determining whether Florida State and Clemson can sever their ties with the ACC, potentially leading to a seismic shift in college sports conferences. As the appeals process unfolds, the ACC hopes to delay any further actions until its preferred legal venues have their say on the matter.