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SEBESTA v. MIKLAS

Nos. 42872, 42835.

272 So.2d 141 (1972)

James A. SEBESTA, As Supervisor of Elections of Hillsborough County, Florida, Appellant, v. Michael J. MIKLAS et al., Appellees. Calvin CARTER and John Thomas Touchton, Appellants, v. Michael J. MIKLAS et al., Appellees.

Supreme Court of Florida.

October 18, 1972.

Attorney(s) appearing for the Case

John R. Lawson, Jr., of Holland & Knight, Tampa, for Calvin W. Carter and John Thomas Touchton, and Warren M. Cason, County Atty., and David W. Thorpe, Asst. County Atty., for James A. Sebesta, appellants.

Joseph C. Jacobs of Ervin, Varn, Jacobs & Odom, Tallahassee, Paul B. Johnson of Gregory, Cours, Paniello & Johnson, Tampa, for appellees.

James M. McEwen, of Gibbons, Tucker, McEwen, Smith, Cofer & Taub, Tampa, for appellees-intervenors George W. Fee, and others; Paul S. Buchman, Plant City, for appellees-intervenors Henry S. Moody, and others.

Robert W. Morrison, Ft. Lauderdale, of Miller & McKendree, for George H. Sheldon, as amicus curiae.

McCAIN, Justice.

This case comes here on direct appeal from a judgment of the Circuit Court of Hillsborough County declaring Chapter 72-555, Laws of Florida, invalid and permanently restraining and enjoining the Supervisor of Elections of Hillsborough County from providing a referendum ballot pursuant thereto. Because the final judgment passed directly upon the validity of a state statute, we have jurisdiction under Fla. Const., Article V, § 4(2), F.S.A.

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