TALLAHASSEE, Fla. — Florida Gov. Rick Scott is getting to pick a new judge for northeast Florida after a state Supreme Court justice flipped his position on the case.

A divided court ruled Monday to not hear the case. Back in August, the high court ruled by a 4-3 margin to consider the legal dispute. Justice Jorge Labarga was on the prevailing side both times.

The case centers around whether voters should pick new judges. Attorney David Trotti initially qualified to run for a circuit judgeship, but election officials removed him because they said the position would be filled by Scott.

Scott’s office asserted the next judge should be appointed because Judge Robert Foster was resigning four business days before his term ended. A lower court sided with Trotti, but an appeals court backed the governor.

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