Summary
The Eleventh Circuit ordered that the case be reheard en banc after a majority of active-service judges voted in favor of rehearing. The court vacated the previous panel opinion.
Court
United States Court of Appeals for the Eleventh Circuit
Writing for the Court
By the Court; Edmondson, Chief Judge; Tjoflat, Circuit Judge; Anderson, Circuit Judge; Birch, Circuit Judge; Dubina, Circuit Judge; Black, Circuit Judge; Carnes, Circuit Judge; Barkett, Circuit Judge; Hull, Circuit Judge; Marcus, Circuit Judge; Wilson, Circuit Judge; Pryor, Circuit Judge
Jurisdiction
Federal
Decision date
November 27, 2007
Docket number
05-10669
Procedural posture
The Eleventh Circuit granted rehearing en banc on the court's own poll and vacated the previous panel opinion.
Precedential value
Procedural en banc order; the prior panel opinion was vacated.
Parties
Billie Thompson, Patricia Brown v. Glades County Board of County Commissioners, Glades County School Board, Holly Whidden Green, Glades County Supervisor of Elections
Disposition
vacated
Topics
appellate procedurecivil rightselection lawmunicipal law
Practice areas
federal appellate procedurecivil rightselection lawmunicipal law
Questions Presented
- Whether rehearing en banc should be granted on the suggestion of a member of the Eleventh Circuit.
- Whether the prior panel opinion should be vacated upon the grant of rehearing en banc.
Holdings
- Rehearing en banc was granted because a majority of the judges of the Eleventh Circuit in active service voted in favor of granting it.
- The previous panel opinion was vacated upon the grant of rehearing en banc.
Key quotations
“A member of this Court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc.”
“The previous panel's opinion is hereby VACATED.”
Procedural history
The appeal arose from the United States District Court for the Middle District of Florida, docket number 00-00212-CV. After a prior panel issued an opinion, a member of the Eleventh Circuit requested a poll on rehearing en banc; a majority of active-service judges voted to grant rehearing, and the prior panel opinion was vacated.
Court Document
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