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IN RE KORETSKY

No. 89-0488.

541 So.2d 1362 (1989)

In re the Recall of Barney KORETSKY, As Mayor of Pembroke Park, Florida.

District Court of Appeal of Florida, Fourth District.

April 26, 1989.

Attorney(s) appearing for the Case

Catherine Rafferty of Miller, Squire & Rafferty, Chartered, Fort Lauderdale, for appellant Barney Koretsky.

Emilie M. Tracy of Platt, Haas, Landsman and Gabriel, P.A., Fort Lauderdale, for appellee Sarah Phelps, Chairwoman of the Recall Committee.

Samuel S. Goren of Josias & Goren, P.A., Fort Lauderdale, for appellee Jane Carroll, Supervisor of Elections of Broward County.

PER CURIAM.

This is an appeal and an application for a constitutional stay writ concerning an order scheduling an election and attendant proceedings for a recall election pursuant to section 100.361, Florida Statutes (1987). We grant the writ and reverse the order on appeal.

At issue is whether the provisions of section 100.361 apply to a municipality that has no recall provisions in its charter or ordinances. We...

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