TAMPA, Fla. — Ousted Hillsborough County State Attorney Andrew Warren’s attempt at reinstatement to his former job moved to a federal appeals court in Alabama on Tuesday.

Gov. Ron DeSantis suspended Warren in August, accusing Warren of resisting the state’s new 15-week abortion ban as well as his policies about not charging people with certain minor crimes.

Warren sued to be reinstated.

The appeal comes after a federal judge in Tallahassee dismissed the case.

In the ruling, Federal Judge Robert Hinkle said he lacks the proper authority to reinstate Warren as state attorney but determined that DeSantis was wrong to suspend him.

Warren, a Democrat who had twice been elected to his office, said after the case was initially dismissed that “this was not over.”

A three-judge panel heard Warren’s appeal.

The appellate judges are based in Montgomery, Alabama and serve as part of the Eleventh Circuit Court of Appeals, which has its headquarters in Atlanta.

In a statement Tuesday afternoon, Warren said: “I want to thank my attorneys for everything they’ve done over the past nine months. I’ve spent my career as a prosecutor, serving my community, state, and country. I believe with every fiber of my being in fighting for our freedoms, our democracy, and the rule of law—and that’s what this fight is about. From the beginning, we’ve believed that the law is on our side, and we hope that the court sees it this way.”