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A circuit Court judge has dismissed a lawsuit brought by a Florida attorney that aimed to force the Governor to issue as statewide beach closure.

In the telephonic hearing the Governor’s attorney Nicholas Primrose argued the judge did not have the authority to order the Governor to close the beaches because the Governor’s emergency powers are discretionary.

“The plaintiff in his amended complaint is requesting that this court substitute its judgement for what would be the appropriate policy decision for that of the Governor, which is the textbook definition of the violation of separation of powers,” said Primrose.

The judge agreed, but left open the possibility for the issue to be considered by an appellate court.

The attorney suing the Governor said he intends to follow through with the case despite the ruling.