RICHARD v. TOMLINSON


49 So.2d 798 (1951)

RICHARD v. TOMLINSON, City Clerk of City of Miami Beach.

Supreme Court of Florida, Special Division A.

January 5, 1951.


Attorney(s) appearing for the Case

Sibley & Davis, Miami Beach, Vincent C. Giblin and David Drucker, Miami, for petitioner.

Ben Shepard, Miami, for respondent.


THOMAS, Justice.

The charter of the City of Miami Beach, Chapter 7672, Laws of Florida, Special Acts of 1917, as amended by Chapter 22400, Special Acts of 1943, contains the provision that any member of the council may be recalled if certain procedure is followed, the very first step of which is the making and filing with the city clerk by "any twenty-five qualified electors * * * [of] an affidavit containing the name * * * of the Councilman * * * whose removal is...

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