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McLEAN v. BELLAMY

Nos. AN-219, AS-53.

437 So.2d 737 (1983)

Jack L. McLEAN, Jr., Appellant, v. Carol BELLAMY, James R. Ford, Hurley W. Rudd, Kent Springgs, and Sam Teague, As and Constituting the Canvassing Board of Tallahassee, Florida, and W. Judd Chapman, Appellees.

District Court of Appeal of Florida, First District.

September 8, 1983.

Attorney(s) appearing for the Case

Howell L. Ferguson of Ferguson & Sherill and Roosevelt Randolph of Knowles, Randolph & Cooper, Tallahassee, for appellant.

Bryan W. Henry, James R. English, and Martin W. Proctor of Henry, Buchanan, Mick & English, Tallahassee, for appellees Bellamy, et al; and Roy T. Rhodes and William L. Grossenbacher of Horne, Rhodes, Jaffry & Horne, Tallahassee, for appellee Chapman.

P. Kevin Davey of Douglass, Davey, Cooper & Coppins, Tallahassee, for appellees/intervenors Dasher.

NIMMONS, Judge.

This is an election contest involving a seat on the Tallahassee City Commission, appellee Judd Chapman having been declared the winner in the February 23, 1982, election over appellant Jack L. McLean, Jr. McLean appeals from an adverse summary judgment.1 Although McLean received 116 machine ballots more than Chapman (7,932 to 7,816), Chapman received 205 absentee ballots more than McLean (281 to 76). This contest involves...

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