Kivisto v. Florida Bar

Background

The Court agreed to review a group of related appeals listed under Maxwell-Jolly and several California organizations, including a pharmacists association, hospital association, and an independent living center. The single-line order references a letter from the Solicitor General dated October 28, 2011, and asks the parties to respond about how recent developments described in that letter should affect the case.

Reasoning

The specific question the Court posed is straightforward: what effect, if any, should the developments discussed in the Solicitor General’s October 28, 2011 letter have on how this case should be decided? To answer that question, the Court directed the parties and the Solicitor General to submit supplemental briefs in letter format. Those letters must be limited to ten pages, filed at the same time with the Clerk, and served on opposing counsel by 2 p.m. on Friday, November 18, 2011. The order confines the submissions to the narrow factual and legal developments identified in the Solicitor General’s letter.

Real world impact

This is a procedural instruction that pauses final outcome until the Court receives and reviews the supplemental letters. The filing limit and strict simultaneous deadline set a clear timetable for counsel and the Solicitor General. Because the Court asked for additional briefing rather than issuing a decision on the merits, this order does not resolve the underlying dispute and the ultimate ruling could change after the supplemental filings and further consideration.