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BUTTERWORTH v. ESPEY

No. 87-2564.

523 So.2d 1278 (1988)

Robert A. BUTTERWORTH, Attorney General of the State of Florida, Ross E. Brittain, Audrey R. Greenberg, Don A. Anders, Kathleen Bell and Beatrice M. Griswold, Appellants, v. John R. ESPEY, Appellee.

District Court of Appeal of Florida, Second District.

April 29, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Gerald B. Curington and Louis F. Hubener, Dept. of Legal Affairs, Tallahassee, for appellant Butterworth.

Mark F. Kelly of Kelly & McKee, P.A., Tampa, for appellants Brittain, Greenberg, Anders, Bell and Griswold.

Martin Errol Rice and Robert Harold Willis, Jr. of Skelton, Willis, Rice & Bennett, St. Petersburg, for appellee.

LEHAN, Judge.

This appeal is from the trial court's order dismissing with prejudice appellants' complaint for the issuance of a writ of quo warranto to challenge the right of appellee, John R. Espey, to hold office on the Pinellas County School Board. There is no issue at this stage concerning the merits of the suit. The issues which we consider are whether it was proper for the suit to be brought (1) by the appellants individually and (2) in the name of the...

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