Woodring Appellate Cases: State and Federal Courts

Woodring Law Firm handles civil and administrative appeals for clients throughout Florida, in the Florida Supreme Court, all of Florida’s District Courts of Appeal, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court.

Appellate Cases with Written Opinions

Most appeals do not result in a written opinion: many are resolved before an opinion would be entered, and others are summarily affirmed or dismissed. Below are some appellate cases with written opinions that Mr. Woodring was significantly involved in pursuing.

  • McCall v. Scott, 199 So. 3d 359 (Fla. 1st DCA 2016), review denied, No. SC16-1668 (Fla. Jan. 18, 2017). This was a case brought challenging the constitutionality of Florida’s Tax Credit Scholarship Program, a program that now provides 100,000 scholarships to low income, mostly minority students, allowing them to use these scholarships at 1600 private schools in Florida. We were successful in defending this program from Constitutional challenge all the way up to the Florida Supreme Court.
  • Bridlewood Group Home v. Agency for Persons with Disabilities, 136 So. 3d 652 (Fla. 2d DCA 2013). The appellate court reversed the agency’s revocation of a group home license and awarded attorney’s fees and costs against the agency for both the hearing at DOAH and the appeal.
  • Viering v. Florida Commission on Human Relations ex rel. Watson, 109 So. 3d 296 (Fla. 1st DCA 2013), and 128 So. 3d 967 (Fla. 1st DCA 2013). In two separate published opinions the appellate court reversed the agency order finding the landlord guilty of religious and racial discrimination and upheld an award of appellate fees and costs under section 120.595(5), Florida Statutes, in spite of the agency’s statutory and notice defenses.
  • Locke v. Shore, 634 F.3d 1185 (11th Cir. 2011), cert. denied, 565 U.S. 1111 (2012). Worked with the Institute for Justice to challenge the constitutionality of Florida’s interior design statute. The trial judge struck the title act portion of the statute, but the appellate court declined to find the overall statute unconstitutional, and the U.S. Supreme Court denied review.
  • Duval County School Board v. State Board of Education, 998 So. 2d 641 (Fla. 1st DCA 2008). Sought to defend the constitutionality of a statewide authorizer for charter schools. The court held the statute creating the Florida Schools of Excellence Commission unconstitutional, so that local school boards remain the authorizers of charter schools. This case has since been superseded on the question of standing: the same court has held that school boards generally lack standing to challenge the constitutionality of a statute, except a statute that provides for the expenditure of public funds. School Board of Collier County v. Florida Department of Education, 279 So. 3d 281, 288–90 (Fla. 1st DCA 2019), review denied (Fla. Apr. 7, 2020).
  • Advisory Opinion to the Attorney General re 1.35% Property Tax Cap, Unless Voter Approved, 2 So. 3d 968 (Fla. 2009). The Florida Supreme Court receded from its unanimous 12-year-old decision that the single-subject exemption did not apply to a citizen ballot initiative to limit revenue, but in a split decision did not allow this initiative on the ballot.
  • Frazier ex rel. Frazier v. Winn, 535 F.3d 1279 (11th Cir. 2008), reh’g en banc denied, 555 F.3d 1292 (11th Cir. 2009). The Eleventh Circuit reversed the trial judge in part and affirmed a parent’s right to have a say in whether a minor child participates in the Pledge of Allegiance.
  • Ford v. Browning, 992 So. 2d 132 (Fla. 2008). Represented the chair and other members of the Taxation and Budget Reform Commission, who intervened to defend two constitutional amendments the Commission had proposed. The Florida Supreme Court held that the Commission had exceeded its authority and removed Amendments 7 and 9 from the November 2008 ballot.
  • Bush v. Holmes, 919 So. 2d 392 (Fla. 2006). Sought to defend the constitutionality of Florida’s Opportunity Scholarship Program. The court held the program unconstitutional under the uniformity provision of the Florida Constitution.
  • Florida Department of Education v. NYT Management Services, Inc., 895 So. 2d 1151 (Fla. 1st DCA 2005). Represented the Department of Education as its General Counsel. The court held that the Department was not required to disclose teachers’ Social Security numbers to a newspaper.
  • NAACP, Inc. v. Florida Board of Regents, 863 So. 2d 294 (Fla. 2003), and 876 So. 2d 636 (Fla. 1st DCA 2004). This case involved the standing of the appellant to challenge the universities’ doing away with race as a basis for admission to the state universities. While the appellant was found to have standing, the First District Court of Appeal later dismissed the appeal as moot.
  • Florida Department of Education v. Cooper, 858 So. 2d 394 (Fla. 1st DCA 2003). Represented the Department of Education as its General Counsel. The court held that FCAT test instruments are not student records subject to disclosure.

Amicus Briefs in Florida Appellate Courts

  • Emerson v. Hillsborough County, 312 So. 3d 451 (Fla. 2021). Filed an amicus brief for Associated Industries of Florida. The Florida Supreme Court held unconstitutional a county charter amendment imposing a transportation sales surtax.
  • School Board of Palm Beach County v. Florida Charter Educational Foundation, Inc., 213 So. 3d 356 (Fla. 4th DCA 2017). Filed an amicus brief for the National Alliance for Public Charter Schools, the Florida Charter School Alliance and four other organizations. The court upheld the constitutionality of the charter school appeal process in section 1002.33(6)(c), Florida Statutes, and sent the case back for further findings.

Amicus Briefs in the U.S. Supreme Court

Mr. Woodring filed amicus briefs in the following U.S. Supreme Court cases:

  • Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (2007). United States Supreme Court case involving the use of race in the assignment of K-12 students.
  • Locke v. Davey, 540 U.S. 712 (2004). United States Supreme Court case involving the interpretation of Washington State’s Blaine Amendment.
  • Grutter v. Bollinger, 539 U.S. 306 (2003). United States Supreme Court case involving when race can constitutionally be considered in admitting a student to a university.
  • Zelman v. Simmons-Harris, 536 U.S. 639 (2002). United States Supreme Court case upholding Ohio’s school voucher program against an Establishment Clause challenge.

Disclaimer: Every appellate case is different. Results may not be typical, and you may not have as beneficial a result.

Talk to Us About an Appeal

If you have an important case you need to reverse or defend on appeal, we want to talk to you. Call 850-270-1178, email [email protected], or send us a message from the Contact Us page.

Ratings and Reviews