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SMITH v. BRANTLEY

No. 54549.

400 So.2d 443 (1981)

Samuel S. SMITH, Appellant, v. Lew BRANTLEY, President, the Florida Senate; Joe Brown, Secretary of the Florida Senate; Reubin O'd Askew, Governor, and Robert L. Shevin, Attorney General, Appellees.

Supreme Court of Florida.

June 18, 1981.

Attorney(s) appearing for the Case

Joseph C. Jacobs and J. Lawrence Johnston of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for appellant.

D. Stephen Kahn, Tallahassee, Edward M. Chew, Tampa, and Jim Smith, Atty. Gen., and Martin S. Friedman, Asst. Atty. Gen., Tallahassee, for appellees.

PER CURIAM.

Pursuant to article V, section 3(b)(1) of the Florida Constitution (1972), Samuel Smith appeals a final declaratory judgment of the Circuit Court of Leon County. The circuit court construed article X, section 3 of the Florida Constitution to require acceptance of a resignation by the governor in order to create a vacancy in office, and declared that a resignation does not occur until it has been accepted. In relevant part, article X, section 3 provides...

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