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BARBER v. MOODY

No. L-234.

229 So.2d 284 (1969)

Shelton B. BARBER, Appellant, v. George M. MOODY, Mary E. Smith, T.K. McKnight, George Wickline and C.H. Cowart, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied January 14, 1970.

Attorney(s) appearing for the Case

Duffett, Barry & Seps, Ormond Beach, for appellant.

Ossinsky & Krol, Daytona Beach, and Leland B. Shaw, Bunnell, for appellees.

RAWLS, Judge.

Plaintiff, Shelton B. Barber, appeals from an order dismissing with prejudice his complaint in an election contest action. The two questions posed on this appeal are:

1. Whether the complaint was "sworn" as required by Section 102.161, Florida Statutes, F.S.A.

2. Is the question now moot since the general election has already been held and Moody has been commissioned?

Barber filed his complaint against George M. Moody and the...

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