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Politics

Robinson gets one more "No" in court

A judge won't rehear her case in her fight against Rose Rocco.

By ASJYLYN LODER
Published January 24, 2007

BROOKSVILLE - No.

That's the short answer to former Commissioner Hannah "Nancy" Robinson's request that a judge rehear her losing legal bid to regain her commission seat.

A rehearing is a chance to bring up any errors or omissions of the court, Judge John Booth wrote in his Tuesday afternoon denial.

"It is not intended as a procedure to rearguing the whole case merely because the losing party disagrees with the judgement," Booth wrote.

Robinson, 61, a Republican, sued in November to keep the seat she held for four terms, arguing that Rose Rocco - a Democrat who won the election by 1,444 votes - wasn't qualified to take office because she didn't live in District 2 on Election Day.

Rocco moved to the Spring Hill district before the results were official. That's all the law requires, her attorneys argued.

Booth ruled against Robinson on Dec. 21, and Rocco, 65, was quickly sworn in. Lawyers in the Robinson camp then moved for a rehearing.

"I would hope that we can just go forward now and do the business of the county," Rocco said after the ruling. "We won the election. We won the decision."

Joe Mason, an attorney for Robinson supporter Janey Baldwin, offered this puzzler: "Judge Booth did exactly what I wanted him to do."

Mason added, "Although I don't think he knew he was doing what I asked him to do."

In Mason's convoluted legal logic, Booth put Rocco's swearing-in into the court record. This makes her eligible for ouster because you can't oust someone who hasn't taken office yet. This will be important on appeal, Mason said.

Rocco's attorneys had a different take on the ruling.

"We think that Judge Booth's order reaffirms what the people have chosen: that Rose is entitled to the office," said Jennifer Blohm, a lawyer with Meyer and Brooks, the Tallahassee firm representing Rocco. "We just hope that Ms. Robinson and Ms. Baldwin respect that and do not appeal the order."

No such luck, Mason said. Robinson has 30 days to appeal, and she will.

Well, Baldwin will appeal, anyway. Baldwin, political gadfly and civic activist, hired Mason in November and joined the case in support of Robinson.

Robinson's attorney, Robert Morris Jr., didn't return calls for comment Tuesday.

Asjylyn Loder can be reached at (352)754-6127 or aloder@sptimes.com.

[Last modified January 24, 2007, 08:15:33]