The Florida Supreme Court has moved a lawsuit challenging the cancellation of a Brevard County judicial election to Leon County, assigning it to Judge Angela Dempsey. The case, Wagner and Adkins v. DeSantis, was filed by Melbourne attorney Jessica Travis on behalf of judicial candidate Margaret 'Maggie' Wagner and voter Marcelle 'Marcie' Adkins. They argue that Governor Ron DeSantis wrongly recharacterized Judge Benjamin Garagozlo's retirement letter as a resignation, canceling the election for Brevard County Court Judge, Group 8.
The case now rests with Judge Dempsey of the Leon County Circuit Court. On April 14, 2026—just one day before Garagozlo submitted his retirement letter—Dempsey resigned her own seat to DeSantis. Her resignation, like Garagozlo's, occurred before the April 20 qualifying period for judicial elections. Both moves triggered DeSantis's authority to appoint replacements, bypassing the ballot.
Dempsey's resignation differs from Garagozlo's in one key way: her challenger, attorney Talley Kaleko, had raised about $120,000 more in campaign contributions. By resigning before qualifying opened, Dempsey ensured voters would not decide her seat. The timing has raised questions about whether the same logic applies to Garagozlo's case.
Travis, who filed the lawsuit, said the transfer creates a conflict of interest. 'Judge Dempsey's own actions mirror the governor's decision,' she said. 'How can she fairly rule on this when she used the same strategy to avoid the ballot?'
DeSantis's office did not immediately comment on the assignment. The case could influence upcoming judicial elections statewide, as similar disputes have arisen in other counties. A hearing in Leon County is scheduled for May 12, 2026.
The move has drawn attention from local legal groups and election observers. Some argue the assignment undermines public confidence in the process. Others say the judiciary's independence must be preserved, even in controversial cases.