Florida State University and the Atlantic Coast Conference are back in court Monday morning.
Tallahassee Judge, John C. Cooper is hearing the Atlantic Coast Conferences motion to dismiss the FSU Board of Trustees lawsuit against the ACC.
Judge Cooper is also hearing a motion of discovery for the documents presented in the reverse case, ACC vs. FSU in Mecklenberg County, North Carolina.
Leon Co. judge agrees to move forward with lawsuit between Florida State University and ACC
Judge Cooper has said he wants to make a decision Monday.
ACC attorney Amber Nunnally argues for the motion to dismiss
Accuses Florida State of seeking to withdraw from the ACC without penalty (which is estimated to be $130-$140 million) Accuses FSU of asking the court for guidance on withdrawal, which they cannot do.
FSU lawyer Peter Rush argues AGAINST the motion to dismiss (motion to stay)
The withdrawal fee is unenforceable due to material breach by the ACC. FSU is not seeking court guidance on withdrawal, its seeking a declarative judgement on if the FSU BoT is relieved of withdrawal and penalty process due to contractual breaches.