An appeals court on Wednesday ordered a stay on a family court judge's injunction barring an Oceanway Middle School girl from attending any school in Duval County.
Ruling on a motion by the lawyer for 14-year-old Paris Cannon, the First District Court of Appeal told all parties involved to show cause by May 20 why a full review of Judge Henry Davis' order banning the girl returning to any school in the county should be not be granted.
Judge Davis, who is hearing an aggravated battery case against Cannon, ordered the ban based on the statute for "repeat violence," which the defense says requires two acts of violence.
According to court documents, Aria Jewett was lured off campus into a fight with Cannon. Jewett was left with a skull fracture and unconscious.
An advocate for Jewett says Cannon has a history of violence against other students and called her a "serial bully."
Two other girls were charged as accessories in Jewett's attack and have cases pending against them, but Davis lifted his initial order banning them from school.
Duval County Superintendent said last week the judge probably decided to banish Cannon from the school system out of frustration. He said banning a student from all schools in the district, from getting a free and public education, he believes is unconstitutional.
"Not only is that unconstitutional, but long-term, are we really building children who have to function in our society?" Vitti said. "Will they function in our society better if they're not provided an education?"
Vitti said he wants to make it clear the fight did not take place on campus but happened outside of school and not during school hours. He said Cannon was given a 10-day out-of-school suspension.