TALLAHASSEE, Fla. (WTXL) — Florida State hasn't lost, but today wasn't exactly a win in court.
I'm Alberto Camargo in the downtown Tallahassee neighborhood.
I'm breaking down what happened in day two of an ongoing hearing about FSU's lawsuit against the Atlantic Coast Conference.
Essentially: FSU's attorneys have to expand their playbook.
Instead of win and in: it's win and out for the Noles.
A win in court could see FSU leave the ACC.
But that plan took a hit Monday in Leon County Court.
FSU attorney Peter Rush argued that the ACC is subject to Florida law because of its two Florida schools.
"They have two members, two citizens within the state of Florida, which means approximately 15 percent of the nonprofit association is made up of institutions in the state."
The ACC team wants Judge John C. Cooper to throw out FSU's lawsuit -- because some of the facts presented by FSU's lawyers were not made clear in the original lawsuit.
"So what it really comes down to, your honor, is that they messed up. They pled the wrong facts, the wrong standard."
Judge Cooper agreed, and ruled that FSU's attorney need to rework their lawsuit to make a better case as to why he has the personal jurisdiction to make a ruling.
If not, the ACC motion to dismiss the case will be granted.
"Florida State is fighting an uphill battle."
Business and employment attorney Tom Thompson says FSU making the case to throw out a contract is difficult.
"They have to allege the ACC did something here in the state of Florida to breach the contract. Not simply there was a contract and business relationships within the state of Florida, but actually -- they did something within the state of Florida."
FSU's team has to get back to the drawing board.
But Judge Cooper says there is still plenty of road left.
"The case is not over. The case will continue."
As it stands, FSU's team has seven business days to amend their complaint.
And the ACC has 20 days after that to respond.
A third hearing date will be determined once those steps are complete.
In downtown Tallahassee, Alberto Camargo, ABC27.
