Sarah Talalay gives an update on the Braman trial.
Miami-Dade Circuit Judge Jeri Beth Cohen was re-elected Tuesday, but no word yet on when she intends to rule on the two remaining counts in auto dealer Norman Braman’s lawsuit targeting the financing for $3 billion in Miami projects, including the $515 million ballpark.
With her re-election wrapped up, she could rule anytime, but some speculate she may wait to rule at the same time on both the public purpose count and the count on whether a portion of the $3 billion in financing must go to a public vote. Cohen has been waiting for a ruling from the Florida Supreme Court in two similar cases before making her decision on the referendum count.
Cohen did set her own Sept. 15 deadline to rule on the referendum count, hoping the Florida Supreme Court will rule by then.
Meanwhile the makeup of the court is changing. Gov. Charlie Crist named 2nd District Court of Appeal Judge Charles Canady to fill a vacancy that will be left by Justice Raoul Cantero, who resigned effective Sept. 6. Crist will also need to fill a second vacancy that will occur in October. As a result, it’s unclear if the court will rule on the two cases before its membership changes and how a shift in makeup might affect the rulings.
The Marlins opening the 2011 season in a new stadium built for baseball isn't looking good.
Once the rulings happen, and let's say they are favorable for the Marlins, it could face appeals. And even if it doesn't, the Marlins still have to go before the county board of commissioners and get approval for the construction agreement.
In other words, this delay could get in the way -- big time.