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BENT v. BALLANTYNE

No. 54786.

368 So.2d 351 (1979)

Lillian BENT, Appellant, v. Stuart BALLANTYNE, Etc., et al., Appellees.

Supreme Court of Florida.

February 22, 1979.

Attorney(s) appearing for the Case

C. Allen Watts, of Watts & Biernacki, DeLand, and John B. Crowther, Orange City, for appellant.

Walter Butcka, New Smyrna Beach, for appellee.

Jim Smith, Atty. Gen., and Sharyn L. Smith, Asst. Atty. Gen., Tallahassee, for intervenor.

ALDERMAN, Justice.

We have for review on direct appeal a final judgment in which the circuit court of Volusia County upheld the constitutionality of the Municipal Recall Law, section 100.361, Florida Statutes (1977), and found that the challenged municipal recall petition is legally sufficient. Without having to reach the constitutional question, we reverse because we find that the petition, even if its allegations are true, is not legally sufficient to require a...

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