WE HAVE A NEW JUDGE ON THE 3RD DCA .....

THE CAPTAIN REPORTS:

"A MOOSE IS NOT A BEAVER"*

CONGRATULATIONS TO NEWLY APPOINTED THIRD DCA JUDGE THOMAS REBULL .....

Governor DeSantis has finally appointed Judge Thomas Rebull to replace retired Third District Court of Appeal Judge Kevin Emas.

Congratulations to Judge Rebull.

It only took 115 days, countless unanswered emails and telephone calls, and a Petition for Writ of Mandamus filed in the Florida Supreme Court by the ACLU of Florida before the Governor complied with the constitutional duty he swore to uphold.

Judge Kevin Emas retired on March 31, 2026. Earlier, on March 17, the Third DCA Judicial Nominating Commission had certified six nominees to Governor DeSantis.

Article V, Section 11(c) of the Florida Constitution could not be clearer:

"The governor shall make the appointment within sixty days after the nominations have been certified to the governor."

Sixty days came and went.

No appointment.

Your humble CAPTAIN JUSTICE then began asking a very simple question:

Why?

Blog posts were written. (They can be read here and here.)

Emails were sent.

Telephone calls were made.

Voice messages were left.

General Counsel David Axelman and Assistant General Counsel Taylor Gustafson—who oversees judicial appointments—never responded.

Not once.

With no explanation forthcoming, Captain Justice contacted the ACLU of Florida and asked that it consider filing a Petition for Writ of Mandamus to require compliance with the Florida Constitution.

The ACLU agreed.

Judge Kevin Emas agreed to serve as the petitioner.

The lawsuit was filed on June 30, 2026.

The Florida Supreme Court promptly ordered Governor DeSantis to respond within ten days, setting a deadline of Friday, July 10, at 5:00 p.m.

The handwriting was on the wall.

Earlier today, Governor DeSantis finally appointed Judge Thomas Rebull to the Third District Court of Appeal.

Then, at approximately 4:30 p.m.—just before the Supreme Court's deadline—General Counsel David Axelman and Assistant General Counsel Taylor Gustafson filed the Governor's response.

Did they acknowledge that the constitutional deadline had been missed?

Did they apologize?

Did they explain why the Governor ignored the Constitution for nearly two months beyond the deadline?

No.

Instead, they asked the Supreme Court to dismiss Judge Emas' petition as moot because the Governor had "already" made the appointment.

Problem solved.

Nothing to see here.

Move along.

What an extraordinary way to defend a missed constitutional deadline.

Congratulations again to Judge Thomas Rebull. By all accounts, he will make an outstanding appellate judge.

We also understand that Judge Rebull is presently drafting a letter to Captain Justice. We imagine it goes something like this:

Dear Captain Justice:

Thank you for your tireless service to Florida's legal community. Nobody keeps a closer eye on judicial appointments and judicial elections than Captain Justice. We especially appreciate your continuing coverage of "The Name Game."

Thank you for refusing to let this constitutional deadline disappear into the Tallahassee bureaucracy. Had you not continued asking uncomfortable questions, writing blog posts, sending emails, making telephone calls, and ultimately involving the ACLU, I might still be waiting.

As a newly appointed judge, I promise to do something my appointing authority failed to do for 115 days: faithfully follow the Constitution that I have sworn to uphold.

Sincerely,

Thomas Rebull

(Editor's Note: The preceding letter may contain slight embellishments.)

Now we turn our attention to the Governor's next four judicial appointments: two Circuit Court vacancies (Judges Marcia Caballero and Jose Rodriguez) and two County Court vacancies (Judges Yara Klukas and Jason Reding Quinones).

The constitutional deadline is July 19.

We'll see whether the Constitution matters this time.

*"A moose is not a beaver" may be the greatest opening line ever written in a Motion to Dismiss.

The quote comes from litigation filed by Buc-ee's against the owners of the Mickey Mart chain of convenience stores in Ohio. Buc-ee's claims trademark infringement because Mickey Mart's logo features... a moose. (Buc-ee is a Beaver).

Counsel for Mickey Mart responded with the immortal observation:

"A moose is not a beaver."

Sometimes, lawyers really do write the best comedy.

CAPTAIN OUT ......
Captain4Justice@gmail.com

SO, YOU WANT TO BE A JUDGE IN MIAMI-DADE COUNTY .......

THE CAPTAIN REPORTS:

UPDATE (NO UPDATE): 

Updating our readers on the open seat on the 3rd DCA (read below). The Governor was constitutionally required to fill that open seat by May 16 (60 days after receiving a certified list of nominees). Today is Day 66, and still no replacement. This despite emails being sent to General Counsel Axelman, AGC Gustafson (in charge of judicial appointments), and multiple phone calls and messages left for each.

FOUR NEW JUDGES (& MAYBE A FIFTH) COMING TO A COURTROOM NEAR YOU .....

We previously reported to you that there were five open seats to be filled on the bench in Miami-Dade County, including two on the Circuit Court, two on the County Court, and one on the Third District Court of Appeal.

Today, the 11th Circuit Judicial Nominating Commission (JNC) certified its list of nominees to Governor DeSantis for four of those vacancies.

The nominees to replace retiring Circuit Court Judges Jose Rodriguez and Marcia Caballero include ten sitting County Court judges and two private attorneys:

Natalie Costea
Hon. Rita Cuervo
Hon. Miesha Darrough
Christian Dunham
Hon. Alicia Garcia Priovolos
Hon. Christopher Green
Hon. Chiaka Ihekwaba
Hon. Jennifer Tautman Levin
Hon. Natalie Moore
Hon. Stephanie Silver
Hon. Eleane Sosa-Bruzon
Hon. Michelle Urbistondo

As for the two County Court vacancies, I fully expect handwritten thank-you notes from all twelve nominees, thanking Captain Justice for creating these openings in the first place. 

My loyal readers will recall that Governor DeSantis and his General Counsel’s Office somehow managed to “overlook” these vacancies for more than seven months after Judges Yara Klukas and Jason Reding Quinones submitted their resignations. Apparently, nobody in Tallahassee remembered that the Florida Constitution actually requires the appointment process to begin promptly after a judicial resignation.

Only after Captain Justice emailed General Counsel David Axelman and pointed out the obvious constitutional problem did the Governor — on the very same day as my email — finally initiate the process to replace both judges.

Amazing how that works.

The nominees for the County Court vacancies include: 

Shawn Abuhoff
Johanna Benedi
Natalie Costea
Christian Dunham
Aaron Feuer
Kimberly Hillery
Scott Janowitz
Yvette Lavelle
Gustavo Losa
Jeffrey Pierce
Patricia Salman
Alexander Shear

Governor DeSantis now has 60 days to make four judicial appointments.

THIRD DCA

Meanwhile, over at the Third District Court of Appeal, the Governor’s Office continues its troubling pattern of treating constitutional deadlines as if they were merely “suggestions.”

The Third DCA JNC certified six nominees to Governor DeSantis on March 17 to replace Judge Kevin Emas. Article V, Section 11(c) of the Florida Constitution could not be more clear:

“The governor shall make the appointment within sixty days after the nominations have been certified to the governor.”

The 60-day deadline expired on May 16. Since that fell on a Saturday, the appointment should have been announced no later than Monday, May 18.

Today is Day 64.

Still no appointment.

Captain Justice sent yet another email today to General Counsel David Axelman asking why the Governor’s Office continues to ignore the constitutional deadline.

If Mr. Axelman actually responds this time — which would itself qualify as breaking news — I will certainly update our readers.

For the record, I never received so much as a courtesy response to my prior emails or telephone calls to his office.

CAPTAIN OUT .......
Captain4Justice@gmail.com

FOUR NEW JUDGES IN MIAMI-DADE ... & FIVE MORE STILL TO BE NAMED

THE CAPTAIN REPORTS:

YOUR FOUR NEWEST MIAMI-DADE COURT JUDGES ARE:

CIRCUIT COURT

Judge Elizabeth Espinosa. A former ASA, she was appointed by DeSantis to the County Court in December 2019. She won election in 2022.

Judge Jorge Perez Santiago. He was appointed by DeSantis to the County Court in May 2023. He won election in 2024.

COUNTY COURT

Michelle Roth. A former ASA, she was in private practice. She has been a member of The Florida Bar since 1995.

Andrew McGinley. A former AAG, he was serving as the General Counsel for the Department of Children & Families. He has been a member of The Florida Bar since December 2018.

All four were appointed to newly created judicial seats under SB 2508.

SO, YOU STILL WANT TO BE A JUDGE .....

There are four more open seats, including two on the Circuit Court by virtue of the retirements of Judge Jose Rodriguez and Judge Marcia Caballero, and two more open seats on the County Court. 

And yes—those County Court openings come with a backstory.

As previously reported, Judges Jason Reding Quinones and Yara Klukas resigned last summer to assume leadership roles with the U.S. Attorney’s Office in Miami. Under the Florida Constitution, that should have triggered the appointment process within 30 days.

It didn’t.

Eight months later—after a few well-placed nudges from Captain Justice to General Counsel David Axelman—the Governor’s Office finally accepted the resignations and directed the JNC to begin the process.

Better late than never… but eight months late is still eight months late.

To read our two previous posts about the fiasco, go here and here.

THE APPLICANT POOL:

CIRCUIT (10)

Judge Miesha Darraugh
Judge Eleana Sosa-Bruzon
Judge Rita Cuervo
Judge Chiaka Ihekwaba
Judge Alicia Garcia Priovolos
Judge Stephanie Silver
Judge Michelle Urbistondo
Judge Christopher Green
Judge Jennifer Trautman Levin
Judge Natalie Moore

CIRCUIT & COUNTY (7)

Annette Strauch
Natalia Costea
Christian Dunham
Alexander Shear
Aaron Feuer
Scott Janowitz
Jose Martinez

COUNTY (9)

Patricia Salman
Kimberly Hillery
Gustavo Losa
Johanna Benedi
Ivette Lavelle
Madeline D’Arce
Jeffrey Pierce
Shawn Abuhoff
Lillian Gonzalez

HAVE A VIEW? SAY IT.

If you have thoughts about any of the applicants, direct them to JNC Chair Eliot Pedrosa at epedrosa@jonesday.com.

Interviews are scheduled for May 19, 2026, after which the JNC will submit three to six nominees per vacancy to the Governor.

THIRD DCA 

Governor DeSantis is expected to name Judge Kevin Emas' replacement sometime in the next week.

CAPTAIN OUT .......
Captain4Justice@gmail.com

EIGHT MONTHS OF SILENCE — UNTIL WE ASKED QUESTIONS .....

THE CAPTAIN REPORTS:

EIGHT MONTHS OF SILENCE — UNTIL WE ASKED QUESTIONS 

Funny how that works ...

On April 7th, we told you that “SOMETHING VERY FISHY IS GOING ON HERE” regarding two vacant County Court seats in Miami-Dade.

We went digging. Public Records Requests (PRRs) went out. And now, the timeline tells the story.

On August 13, 2025, County Court Judge Jason Reding Quinones submitted his resignation to Governor DeSantis, advising that he had been nominated by President Trump to serve as the next United States Attorney for the Southern District of Florida.

On September 25, 2025, County Court Judge Yara Klukas followed suit, submitting her resignation to accept a position as First Assistant U.S. Attorney—under Quinones.

Two resignations. Two vacancies. Clock starts ticking.

Under the Florida Constitution, the process to fill a judicial vacancy must begin within 30 days.

Instead?

Nothing.

Not 30 days. Not 60. Not 90.

Nearly eight months of radio silence.

No publication of the resignation letters (as is customary).

No request to the Judicial Nominating Commission (JNC).

No applications. No interviews. No nominees.

No replacements.

Just… nothing.

So, on March 25, at precisely 1:38 PM, your Captain Justice sent an email to the Governor’s General Counsel, Ryan Newman, asking a simple question:

Why had the constitutional process never even begun?

Newman has yet to respond.

But here’s where it gets interesting.

Within the hour of that email, Governor DeSantis suddenly sprang into action.

He drafted and signed two letters, (without ever even thanking the Captain).

The first, addressed to “The Honorable Jason Quinones, 11th Judicial Circuit of Florida,” stated: “I accept your resignation as Judge of the Miami-Dade County Court.”

Date of the letter?

March 25, 2026.

A small problem: by that date, Quinones had already been serving as the United States Attorney for roughly eight months.

Even better—the letter was sent to a courthouse address… for a judge who hadn’t been a judge in eight months.

DeSantis sent an identical letter to former Judge Klukas—same date, same format, same courthouse address.

At that point, Klukas had already been serving as First Assistant U.S. Attorney for seven months.

Then—still on March 25, shortly after those letters were signed—Deputy General Counsel David Axelman emailed JNC Chair Eliot Pedrosa, directing him to finally convene the Commission to begin the process of filling the two long-vacant seats.

Amazing how that works.

Eight months of inaction… followed by a flurry of activity within hours of one email from Captain Justice asking questions.

Coincidence?

You decide.

As for answers—don’t hold your breath.

I called Axelman. Multiple times. Left messages.

I emailed him. Asked for an explanation.

Nothing. No response. No return calls.

And that, folks, is where we stand.

Two judicial seats sat vacant for the better part of a year.

A constitutional mandate ignored.

And only when someone started asking questions did the machinery of government suddenly come to life.

Draw your own conclusions.

JUDICIAL ELECTIONS – UPDATE …

Two new filings since our posts last week.

Circuit Court – Group 5

Attorney Monica Segura has entered the race, joining Alex Annunziato and Arthur McNeil. Segura is the Senior Managing Associate General Counsel for Universal Property & Casualty and has been a member of The Florida Bar for 20 years.

Interesting note: Segura applied to the JNC in its most recent round, when two Circuit and two County Court seats were open. Out of 32 applicants, she interviewed for both Circuit and County. The JNC ultimately forwarded 24 names to the Governor—Segura’s was not among them. Now she’s taking her case directly to the voters.

County Court – Group 25

Attorney Maribel Diaz has filed against incumbent Judge Luis Perez-Medina. Diaz has been a member of The Florida Bar for 17 years and currently works in the Miami-Dade Tax Collector’s Office.

Keen readers of the Captain will recall last week’s Incumbent Vulnerability Quotient (IVQ), © 2026 rankings. Judge Perez-Medina came in at number three. It appears Ms. Diaz may have been paying attention.

CAPTAIN OUT .......
Captain4Justice@gmail.com