Florida Gov. Ron DeSantis appeals ruling that said he didn't have authority to ban mask mandates in schools

(CNN) Florida Gov. Ron DeSantis has appealed a judge's ruling that stated the governor overreached and did not have the authority to ban school districts from implementing mask mandates without a parent opt-out.

The notice to appeal filed Thursday says that "the filing in this Notice triggers an automatic stay pending review," but attorneys for the plaintiffs in the case -- parents from Miami-Dade, Orange, Hillsborough, Palm Beach, Pinellas and Alachua counties -- have filed an emergency notice to vacate the stay.

Thirteen Florida school districts have now implemented a mask mandate, without a parent opt out, defying an earlier executive order by the governor.

The state's appeal comes about a week after Leon County 2nd Judicial Circuit Court Judge John Cooper ruled DeSantis "did not have the authority for a blanket mandatory ban against face mask policy, that does not provide a parental opt-out." The judge signed a written order against the governor's ban on Thursday.

DeSantis' executive order, issued in late July , had directed the Florida Department of Education and the Florida Department of Health to issue emergency rules giving parents a choice on whether their children should wear masks in class.