Actually no. In the original order the Constitutiona amendment was invalidated, therefore there is no basis for selective issuing of licenses. (https://docs.google.com/viewer?url=h...-and-order.pdf)
Then in the clarifying order issued just a couple of days later Judge Granade reiterates from Judge Hinkle's ruling: "And a clerk who chooses not to follow the ruling should take note: the governing statutes and rules of procedure allow individuals to intervene as plaintiffs in pending actions, allow certification of plaintiff and defendant classes, allow issuance of successive preliminary injunctions, and allow successful plaintiffs to recover costs and attorney's fees." (1:14-cv-00208 #65 Order Clarifying Judgment)
Judge Granade has already granted the motion to amend the original proceeding to add three new same-sex couples to the complaint and add Probate Judge Don Davis in his official capacity as a defendant. (https://www.documentcloud.org/docume...r-2-10-15.html) So not only will a writ of mandamus require him to issue the licenses (hearing Thursday, expect a ruling Friday on the emergency action) he could be required to pay costs and attorneys fees for those needing to bring the action.
Technically speaking the appellate process hasn't been exhausted.
Both the 11th Circuit and the SCOTUS declined a stay, but the appellate process (i.e. a ruling on the merits of the case) is actually being held in abeyance at the 11th Circuit pending a ruling by the SCOTUS on the case from the 6th Circuit.
Moderator's Warning: Getting a little hot in here. Please chill out and refrain from making personal comments, baiting and flaming. The topic is not each other or other posters.