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JOLLEY v. WHATLEY

60 So.2d 762 (1952)

JOLLEY et al. v. WHATLEY.

Supreme Court of Florida, Special Division B.

October 17, 1952.

Attorney(s) appearing for the Case

Henderson, Franklin, Starnes & Holt, Fort Myers, and Walter G. Sorokoty, Naples, for appellants.

C. Farris Bryant, Ocala, and Norwood R. Strayhorn, Fort Myers, for appellee.

MATHEWS, Justice.

This suit involves an election contest for the nomination of Sheriff by the Democratic Party in Collier County as a result of the Second Primary Election held on May 27, 1952.

The first count of the votes showed that Whatley received 11 more votes than his opponent, Thorp. When the Canvassing Board met, there were 47 absentee ballots which were counted in addition to the original ballots. The result of counting the absentee ballots together...

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