Case Details


Right To Appeal

Filing State



Florida District Court of Appeals




Bondi v. Tucker, 2012 Fla. App. LEXIS 11875 (Fla. Ct. App. July 24, 2012)


Attorney general may not file an appeal in a case in which the state is not a party, although she could have intervened in the original case

Case Description

The Attorney General of Florida represented the state Department of Corrections (DOC) in a case challenging language in the budget legislation funding DOC that required privatizing of some correctional facilities. The trial court held that the language was unconstitutional and enjoined DOC from implementing it. The Secretary of DOC did not appeal. The Attorney General filed an appeal “in her capacity as Attorney General of the State of Florida” on the last day for filing. Although the court acknowledged the Attorney General’s “discretion to litigate, or intervene in, legal matters deemed by him [or her] to involve the public interest” and agreed that the attorney general’s standing to do so cannot be challenged, the court held that the Attorney General did not exercise her “discretion to litigate” by intervening either in the court below or in the appellate court. Because the attorney general could have intervened, she had an adequate remedy at law, which she failed to exercise.