TALLAHASSEE, Fla. (AP) — The Florida Supreme Court will decide whether Gov. Rick Scott should get to pick a new judge for northeast Florida or if it should be left up to voters.

A divided court on Thursday agreed by a 4-3 vote to consider the case. Attorney David Trotti initially qualified to run for a circuit judgeship, but election officials then removed him because they said the position would be filled by Scott.

Scott's office asserted the next judge should be appointed because Judge Robert Foster was resigning four business days before his term ended. Foster could not seek another term because he has reached the mandatory retirement age.

Trotti challenged the decision. A lower court sided with him, but an appeals court ruled the governor should get the appointment because the resignation was announced before election qualifying started.