Tomorrow (Jan. 23, 2013), there's a hearing in Shellie's case. So far, the court website doesn't show any response to the motion to dismiss or petition for a writ of quo warranto.
For those who haven't looked it up, a writ of quo warranto challenges the legal authority of a government official to perform some act. In this case, the authority of the special prosecutor to bring the case against Shellie.
Unfortunately, I haven't been able to find a copy of the motion, but as I mentioned before, I'm not particularly optimistic about its likelihood of success. Nevertheless, it doesn't seem to me to be frivolous, so I expected to see a response. I do know that the timing of the motion is correct. A petition for a writ of quo warranto should be brought prior to trial. I also know the trial court's decision can be appealed to the DCA. An interesting case is Hardy v. Rundle
, 846 So. 2d 1174 (Fla. 2nd DCA 2003). The 2nd DCA says:
Paul Hardy and Leo Salvatori seek review of the final judgment dismissing their complaint for writ of quo warranto. The complaint sought to prevent a special prosecutor from prosecuting count fourteen of a criminal information which charged Hardy and Salvatori with money laundering. We conclude that the executive order issued by the governor giving the special prosecutor the authority to prosecute certain matters did not encompass the claim for money laundering asserted in count fourteen. Accordingly, we reverse.