SMITH v. TYNES

Case No. AE-329.

412 So.2d 925 (1982)

Durwood SMITH, Appellant, v. Jesse P. TYNES, Jr.; Thad Crossley, Larry Smith, and L.H. Lancaster, All Constituting the Clay County Canvassing Board, Appellees.

District Court of Appeal of Florida, First District.

April 14, 1982.


Attorney(s) appearing for the Case

Frederick B. Tygart, Jacksonville, for appellant.

Charles E. Waite of Cobb & White, Orange Park, for appellee Jesse P. Tynes.

Eugene F. Shaw, Green Cove Springs for appellee Clay County Canvassing Bd.


JOANOS, Judge.

Smith's amended complaint was dismissed, with prejudice, for failure to state a cause of action and he appealed. We affirm.

Smith and Tynes were candidates for election to the office of superintendent of schools in Clay County. Tynes won the democratic primary held September 9, 1980, and, due to the absence of opposition in the general election, became superintendent. Smith challenged the result of the primary election alleging a cause of action...

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