Quote: “who is going to appeal, the Judge?”
Yes, he can appeal a writ of mandamus.
He can, yes. But I think not. I'm on my tablet now, so it's tough to search. As I recall, when the circuit court ordered the hearing for this writ, they asked Sullivan to reșpond specifically to their recent precedent on this very issue.
I believe it's done. En banc will be declined and if Sullivan doesn't act, you'll see Powell before the circuit court with a new pleading.