TAMPA, FLA. (WFLA) – A judge has vacated the automatic stay in the Florida Education Association’s lawsuit against the state with regards to reopening schools.

Judge Charles Dodson initially made a ruling Monday, which stated that the state’s emergency order to mandate the reopening of schools by Aug. 31 was unconstitutional. The state later appealed, which invoked an automatic stay of the judge’s order.

Thursday’s decision from Dodson to vacate that stay said that the state’s response “drastically misstates what the temporary injunction order did and did not do.”

The judge’s ruling on Monday did not order schools statewide to close down. Rather, it required “the local school districts be given authority under the individual circumstances to open or close the local schools, based on local condition.”

The state now has another opportunity to appeal the decision.