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Posted on November 16, 2016
The controversy surrounding the residency of City Commissioner Scott Maddox is beginning to resemble a tennis match between Judge Charles Dodson and the First District Court of Appeal (DCA).
Today the First DCA overruled Judge Dodson’s most recent decision, which held that Scott Maddox resided within the boundaries of the City of Tallahassee.
This is the second time the First DCA has reversed a decision made by Judge Dodson in this case.
In the most recent First DCA reversal, which was based on an appeal by Dr Erwin Jackson, the court stated “we vacate the trial court’s final order in its entirety and remand for further proceedings in accordance with section 102.168, the Rules of Civil Procedure, and due process.”
The First DCA said that Judge Dodson’s court “abused its discretion by proceeding to hear the merits of Appellant’s election contest without proper notice to the parties that the hearing would proceed as a final evidentiary hearing, without resolving Appellant’s pending discovery requests, and without ruling on a number of unresolved motions.”
The First DCA added that Dodson’s court “erroneously concluded that discovery was not available.”
The First DCA order means that Dr. Jackson will be afforded a full hearing with discovery rights. However, the first issue to be addressed in court will be a request by Dr. Jackson to disqualify Judge Dodson from the case.
Dr. Jackson filed a motion for Dodson’s disqualification based on several factors which include open hostility shown by the trial judge to the plaintiff and the plaintiff’s counsel.