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NEWTON v. MARTINA

No. NN-42.

371 So.2d 234 (1979)

Roger NEWTON, Farris Tarantino, Jimmy Nichols, Estelle Davis, and Edward Tolliver, City Commissioners, City of Apalachicola, Florida, and Dorothy Rolstad, As City Clerk, Appellants, v. Martha L. MARTINA, As Chairman of Recall Committee, City of Apalachicola, Appellee.

District Court of Appeal of Florida, First District.

May 30, 1979.

Attorney(s) appearing for the Case

Alfred O. Shuler, of Shuler & Shuler, Apalachicola, for appellants.

Brandt W. Davis, of Watkins & Watkins, Apalachicola, for appellee.

ROBERT P. SMITH, Jr., Judge.

The City Commissioners of the City of Apalachicola and the City Clerk appeal from the circuit court's final judgment on appellee's petition for mandamus and for injunctive and declaratory relief, holding that appellee's recall petition is effective to require a recall election of four commissioners, should they not resign. Section 100.361(2), Florida Statutes (1977). One judge dissenting, this court previously affirmed the circuit court...

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