Florida Supreme Court to Litigants: I've Got the Power!

Just because pesky litigants conclusively settle a matter pending before the Florida Supreme Court and prior to briefing being completed on the issue, don't think the Court can't hear and rule on the case anyway:

In the present case, it is true that the parties have filed a notice of stipulated dismissal pursuant to rule 9.350 notifying this Court that this matter has been settled. Although the issues underlying this litigation may be moot as to the parties involved, our precedent clearly establishes that mootness does not defeat appellate jurisdiction, and a reviewing court has the discretion to retain jurisdiction over a case to decide the merits notwithstanding a notice of dismissal filed by the parties denoting a settlement of their dispute.

Not so fast says Justice Canady, occupying his usual role as dissenting gadfly:

Although the issues underlying this litigation may be issues of great importance, it is no more proper for the Court to compel the parties to litigate those issues after they have jointly filed a notice of dismissal than it would be for the Court to compel a party to file a petition for discretionary review. The parties to this proceeding have rights. They should not be dragooned into litigating a matter that is no longer in controversy between them simply because this Court determines that an issue needs to be decided.

"Dragooned"?

Very nice -- the Judge could have also went with "conscripted" or my personal favorite, "impressment."