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CITY OF HIALEAH v. MARTINEZ

No. 81-944.

402 So.2d 602 (1981)

The CITY OF HIALEAH, a Municipality, Appellant, v. Raul MARTINEZ, Councilman for the City of Hialeah, Appellee.

District Court of Appeal of Florida, Third District.

August 27, 1981.

Attorney(s) appearing for the Case

Ralph Miles, City Atty., for appellant.

McDermott, Will & Emery and Byron B. Mathews, Jr., Miami, for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

Raul Martinez is a City of Hialeah councilman whose term of office is due to expire on November 13, 1981. He wants to run in the general election to be held on November 10, 1981, for the position of Mayor of the City of Hialeah for the term beginning November 13, 1981. Section 44.01 of the Charter of the City of Hialeah provides:

"Any elected official ... of the City of Hialeah shall resign from his city office before he may seek...

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