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JIVIDEN v. McDONALD

No. 88-01323.

541 So.2d 1276 (1989)

Brenda JIVIDEN, As Clerk of City Council, City of St. Petersburg, Appellant, v. Dennis McDONALD, As Chairman of the Recall Committee, Charles Fisher, Martha Maddux, William Griswold, J.W. Cate, Jr., Robert B. Stewart, Dean H. Staples, and Robert L. Ulrich, Jr., As Councilmembers and Mayor, Respectively, of the City of St. Petersburg; and David T. Welch, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 27, 1989.

Attorney(s) appearing for the Case

Michael J. Keane of Keane, Hayes & Reese, P.A., St. Petersburg, for appellant.

Peter D. Hooper of Hooper & Arsenberg, P.A., St. Petersburg, for appellee, Dennis McDonald.

Kathryn McLeod Lancaster, St. Petersburg, for amicus curiae, American Civ. Liberties Union Foundation of Florida, Inc.

PARKER, Judge.

Appellant Brenda Jividen, the city clerk for the City of St. Petersburg, appeals a final judgment in which the trial court held that a city clerk has no authority to determine the legal sufficiency of municipal recall petitions. We affirm.

The sole issue in this appeal is whether the clerk of a city council has the authority to determine the legal sufficiency of recall petitions before transmitting the petitions to the supervisor of elections...

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