ROBERT C. TOUCHSTON, DEBORAH SHEPPERD, ET AL., PLAINTIFFS-APPELLANTS,
v.
MICHAEL MCDERMOTT, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE COUNTY CANVASSING BOARD OF VOLUSIA COUNTY, ANN MCFALL, IN HER OFFICIAL CAPACITY AS A MEMBER OF THE COUNTY CANVASSING BOARD OF VOLUSIA COUNTY, ET AL., DEFENDANTS-APPELLEES
ON APPELLANTS’ EMERGENCY MOTION FOR INJUNCTION PENDING PETITION FOR CERTIORARI Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges. ORDER: In order to ensure that the United States Supreme Court has sufficient time to rule on the certiorari petition in this case, the Florida Secretary of State and the Florida Elections Canvassing Commission are enjoined from changing, after the issuance of this order, any previously certified results of the presidential election based upon any manual recounts after the existing certification. Nothing in this order should be construed to prevent, obstruct, or impede the continuation of the manual recounts that are currently being conducted. This order shall remain in effect until vacated by this Court or the United States Supreme Court, or until the certiorari petition is ruled upon, whichever comes first.
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Ned L. Siegel v. Lepore, 234 F.3d 1163 (11th Cir. 2000)…iples, I would reverse the judgment of the district court in this case. CARNES, Circuit Judge, dissenting, in which TJOFLAT, BIRCH and DUBINA, Circuit Judges, join: I agree with the Court that the lawsuits in this case and in Touchston v. McDermott, 234 F. 3d 1161, are not barred by the Rooker-Feldman doctrine or by the doctrines of res judicata, collateral estoppel, or mootness, and that there is no basis for this Court to abstain. I disagree, however, with the Court’s conclusion that irreparable injury has…1 / 2
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Touchston v. McDERMOTT, 234 F.3d 1133 (11th Cir. 2000)…d the county defendants from conducting manual recounts and/or enjoined the state defendants from certifying the results of the Presidential election that contained any manual recounts. We denied the motion without prejudice. Touchston v. McDermott, 234 F. 3d 1161 (11th Cir.2000). 2. Plaintiffs appeal from the district court’s order denying a preliminary injunction. While this appeal has been pending, several things have transpired which have materially altered the status of the case. First, the Florida Sup…
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Ned L. Siegel v. Lepore, 234 F.3d 1162 (11th Cir. 2000)…BY THE COURT: Appellants’ Emergency Motion for an Injunction Pending Appeal is DENIED WITHOUT PREJUDICE for the reasons set out in the order entered today in No. 00-15985, Touchston v. Mcdermott, 234 F. 3d 1161.…