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MARKHAM v. STATE, DEPT. OF REVENUE

No. T-317.

298 So.2d 210 (1974)

William MARKHAM, As Tax Assessor of Broward County, and Individually, Appellant, v. STATE of Florida, by and through the Department of Revenue, Appellee.

District Court of Appeal of Florida, First District.

August 1, 1974.

Attorney(s) appearing for the Case

M. Stephen Turner of Thompson, Wadsworth & Messer, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen.; Winifred L. Wentworth and Stephen E. Mitchell, Asst. Attys. Gen., for appellee.

BOYER, Judge.

The plaintiff in the lower court appeals the final judgment entered in the Circuit Court of Leon County dismissing plaintiff's amended complaint with prejudice upon defendant's motion for judgment on the pleadings.

The essential facts are not in dispute. Following the November 1968 election, plaintiff's political opponent challenged the action of the Broward County Canvassing Board in canvassing and counting 602 absentee ballots which enabled...

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