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EVERS v. LACY

No. 71-39.

257 So.2d 70 (1972)

William A. EVERS, Appellant, v. C.W. LACY, Apparent Successful Candidate for the School Board from District # 1, Manatee County, Florida, and the Manatee County Canvassing Board, Comprised of Ken Burton, Chairman, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 14, 1972.

Attorney(s) appearing for the Case

Edwin T. Mulock, of Talley, Matthews & Mulock, Bradenton, for appellant.

David Deitrich, and Gilbert A. Smith, of Dye, Dye, Smith, Cleary & Scott, Bradenton, for appellees.

McNULTY, Judge.

C.W. Lacy, an incumbent running for re-election in 1970 to the Manatee County School Board, received 13,375 votes. Appellant Evers, his opponent, received 13,372 votes. Whereupon, pursuant to statute,1 Evers brought this suit challenging the absentee ballots but for which, undisputedly, he would have won.

Appellant's standing to bring this suit depends upon his being an "unsuccessful candidate."

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