Jesse Scheckner
A Miami-Dade judge is refusing to intervene in a bitter governance battle at Florida Memorial University (FMU), ruling that the internal dispute over its Board of Trustees leadership and the appointment of a permanent President does not meet the legal threshold for emergency relief.
Judge Javier Enriquez of the 11th Judicial Circuit tossed out a lawsuit by the Board’s former interim Chair, Brandon Dumas, which sought a temporary restraining order and injunction to block actions taken by trustees aligned with Chair Walter Weatherington.
At issue was who lawfully chairs the FMU Board and whether the panel properly elevated interim President William McCormick as the historically Black university’s permanent leader.
Dumas and seven sitting trustees contend he was unlawfully supplanted and removed from the Board by Weatherington, who then oversaw a fraudulent appointment of McCormick.
Weatherington and the trustees who sided with him — including alum Bernard Jennings, who was named first in Dumas’ complaint — maintain he retook the chairmanship legally and justifiably.
On Friday, Enriquez denied Dumas’ request. He found Dumas failed to prove he would suffer irreparable harm, lacked a substantial likelihood of success on the merits of his case and did not show that an injunction would serve the public interest.
“While success on the merits is possible, the (Defendants’) evidence refutes the Plaintiff’s allegations competently,” Enriquez wrote. “Further, there are no facts or evidence provided in Plaintiff’s amended emergency motion or verified complaint that would show good reasons for anticipating a determination of substantial likelihood of success on the merits.”
Enriquez emphasized that a temporary injunction is an “extraordinary and drastic remedy” designed to preserve the status quo, not to rewrite university governance during a power struggle.
Dumas’ case hinged largely on his claim that he was surreptitiously boxed out of key meetings and removed in what he described last month as a “coup” carried out by a “rogue faction” of the Board.
But according to Enriquez’s order denying Dumas’ motion, sworn declarations Weatherington, Jennings, and the case’s other defendants provided to the court showed Weatherington not only is the Board’s current Chair, but he also held the position during meetings Dumas claimed to have been serving in the role.
The court also noted that Dumas brought the lawsuit personally, without authorization from the Miami Gardens-based university or its Board.
In a Monday statement, the Board called Enriquez’s ruling “a clear affirmation of the truth and integrity that guide our mission,” adding that FMU will reach “new heights” under McCormick, a former Board Chair.
“With his proven record in business and an unwavering commitment to the University, it’s our time,” Weatherington said in a statement.
While the herculean tasks ahead of this administration will be challenging and continuous, we are committed to ensuring that our students achieve success in its truest form. … Together, we will forge a bright future for FMU, which will be marked by academic excellence and an unwavering dedication to our students’ success.”
Friday’s ruling leaves Weatherington’s leadership and McCormick’s presidency intact now. But it doesn’t necessarily end the matter. Under Florida appellate rules, non-final orders denying injunctions may be appealed, and Dumas can seek a review from the 3rd District Court of Appeal, though any appeal would be limited to whether Enriquez abused his discretion.
The legal fight began Aug. 22, when Dumas filed his lawsuit and authored a letter cosigned by seven trustees decrying McCormick’s appointment and Weatherington’s chairmanship.
Weatherington responded four days later, asserting in a statement first obtained by Florida Politics that the Board’s actions were legitimate, supported by a majority and aimed at ensuring continuity in FMU’s leadership. He said McCormick had proven effective as an interim President, earning the Board’s confidence, and that Dumas was properly removed for failing to adhere to governance rules.
The back-and-forth highlighted a fractured Board, where members Jennings, Kimberly Chapman, Norma Ely-Jones, Annamaria Jerome-Raja, Carl Johnson, Brittany McMillon, Vaseal Montgomery, Susan Nystrom and Audrey White sided with Weatherington and McCormick.
Dumas’ supporters included Vice Chair Mona Lisa Pinkney; Treasurer Deneshea Phelps Owens; members Bartholomew Banks, Dorothy Davis, Marcus Davis and Reggie Leon; Chair Emeritus Charles George; and Brittany McMillon, Secretary and President of the FMU National Alumni Association.
Notably, Wayback Machine snapshots that Florida Politics cited last month of the FMU Board’s composition featuring Dumas as interim Chair have since been deleted from the archive website. The Wayback Machine generally only takes such an action if the original website’s owner requests it.
Dumas did not immediately respond to a request for comment.
