Florida State files motion to dismiss ACC lawsuit

Charles Mays/Tomahawk Nation

The Florida State Board of trustees took legal action on Wednesday. They filed a motion to dismiss the lawsuit brought against them by the ACC in Mecklenburg County, North Carolina.

Florida State’s Response

In their motion, Florida State argues the ACC’s lawsuit is “fundamentally flawed” and constitutes an improper maneuver at “procedural fencing.” They highlight the ACC’s rush to file suit against them first, without obtaining the necessary two-thirds member vote as required by the league’s constitution. Additionally, Florida State points out the ACC’s failure to demonstrate approval from the Florida State board for the grant of rights, as mandated by Florida law.

Request for Halting ACC Suit

Should the court choose not to dismiss the lawsuit, Florida State has requested that the court put a halt to the ACC suit in favor of their own lawsuit filed against the ACC in Leon County, Florida. They contend that their lawsuit in Florida presents a more comprehensive approach, and the ACC should not receive any special treatment for being the first to file due to their improper forum shopping.

The ACC initiated the lawsuit against Florida State on Dec. 21, seeking a declaratory judgment to defend the grant of rights, just one day before the Florida State Board filed its own lawsuit against the ACC, challenging both the grant of rights and the $130 million withdrawal fee.

Grant of Rights Agreement

Florida State and all other ACC members signed a grant of rights agreement with the league, extending through 2036. This agreement grants the conference control over its media rights, including television revenue and home game broadcasts across all sports. Additionally, any school wishing to leave the ACC would be subject to paying an exit fee. This fee is equivalent to three times the league’s operating budget which totals roughly $130 million.

This report used information from ESPN.

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